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HIVDataLeak001

Singaporean GP Dr Lxx TS and his American partner, Mikhy Farrera Brochez.

The HIV data leak saga was the series of events stretching from May 2016 to December 2021 in which the Ministry of Health discovered that the particulars of patients in their HIV registry had been stolen and leaked online by a gay, HIV-positive, American fraudster living in Singapore, abetted by his Singaporean Chinese doctor partner whom he had married in the US. The doctor had also substituted his own in lieu of his partner's so that the latter could pass the mandatory HIV test for foreigners to secure an employment pass to work in Singapore.

(Note: The names of the Singaporeans involved have been redacted so as not to further jeopardise their future career prospects.)

Ministry of Health informs public of HIV data leak[]

On Monday, 28 January 2019, the Ministry of Health published the following statement on its website[1] and held a press conference helmed by Health Minister Gan Kim Yong at the College Of Medicine Building. It revealed that confidential information of 14,200 people living with HIV, including their names, contact details and medical information, had been stolen and leaked online by a gay American fraudster named Mikhy Farrera-Brochez[2].

"UNAUTHORISED POSSESSION AND DISCLOSURE OF INFORMATION FROM HIV REGISTRY

  • Following an alert by the Police, the Ministry of Health (MOH) has ascertained that confidential information regarding 14,200 individuals diagnosed with HIV up to January 2013, and 2,400 of their contacts, is in the possession of an unauthorised person. The information has been illegally disclosed online. We have worked with the relevant parties to disable access to the information.
  • We are sorry for the anxiety and distress caused by this incident. Our priority is the wellbeing of the affected individuals. Since 26 January, we have been progressively contacting the individuals to notify them and render assistance.
  • On 22 January, MOH was notified by the Police that confidential information from MOH’s HIV Registry [1] may have been disclosed by an unauthorised person. MOH made a Police report on 23 January. On 24 January, MOH ascertained that the information matched the HIV Registry’s records up to January 2013.From 24 to 25 January, MOH worked with the relevant parties to disable access to the information.
  • The records were those of 5,400 Singaporeans diagnosed with HIV up to January 2013 and 8,800 foreigners [2] diagnosed with HIV up to December 2011. The information included their name, identification number, contact details (phone number and address), HIV test results and related medical information. The name, identification number, phone number and address of 2,400 individuals identified through contact tracing up to May 2007 were also included.
  • While access to the confidential information has been disabled, it is still in the possession of the unauthorised person, and could still be publicly disclosed in the future. We are working with relevant parties to scan the Internet for signs of further disclosure of the information.

Background

  • The confidential information is in the illegal possession of one Mikhy K Farrera Brochez, a male US citizen who was residing in Singapore, on an employment pass, between January 2008 and June 2016. Brochez was remanded in Prison in June 2016. He was convicted of numerous fraud and drug-related offences in March 2017, and sentenced to 28 months’ imprisonment. The fraud offences were in relation to Brochez lying about his HIV status to the Ministry of Manpower, in order to obtain and maintain his employment pass, furnishing false information to Police officers during a criminal investigation, and using forged degree certificates in job applications. Upon completing his sentence, Brochez was deported from Singapore. He currently remains outside Singapore.
  • Brochez was a partner of Lxx TS, a male Singaporean doctor. As the Head of MOH’s National Public Health Unit (NPHU) from March 2012 to May 2013, Lxx had authority to access information in the HIV Registry as required for his work. Ler resigned in January 2014. He was charged in Court in June 2016 for offences under the Penal Code and the Official Secrets Act (OSA). In September 2018, Lxx was convicted of abetting Brochez to commit cheating, and also of providing false information to the Police and MOH. He was sentenced to 24 months’ imprisonment. Lxx has appealed, and his appeal is scheduled to be heard in March 2019. In addition, Lxx has been charged under the OSA for failing to take reasonable care of confidential information regarding HIV-positive patients. Lxxr’s charge under the OSA is pending before the Courts.
  • In May 2016, MOH had lodged a Police report after receiving information that Brochez was in possession of confidential information that appeared to be from the HIV Registry. Their properties were searched, and all relevant material found were seized and secured by the Police.
  • In May 2018, after Brochez had been deported from Singapore, MOH received information that Brochez still had part of the records he had in 2016. The information did not appear to have been disclosed in any public manner. MOH lodged a police report, and contacted the affected individuals to notify them.
  • On 22 January 2019, MOH was notified that more information from the HIV Registry could still be in the illegal possession of Brochez. On this occasion, he had disclosed the information online.
  • Brochez is currently under Police investigation for various offences, and the authorities are seeking assistance from their foreign counterparts.
  • This incident is believed to have arisen from the mishandling of information by Lxx, who is suspected of not having complied with the policies and guidelines on the handling of confidential information. MOH takes a grave view of such matters, and will not hesitate to take stern action against staff and other individuals who abuse their authority and access to confidential information, or fail to handle such information in a proper manner.

Additional Safeguards in Disease Registries

  • Since 2016, additional safeguards against mishandling of information by authorised staff have been put in place. For example, a two-person approval process to download and decrypt Registry information was implemented in September 2016, to ensure that the information cannot be accessed by a single person. A workstation specifically configured and locked down to prevent unauthorised information removal was designated for processing of sensitive information from the HIV Registry. The use of unauthorised portable storage devices on official computers was disabled in MOH in 2017, as part of a government-wide policy.
  • MOH will continue to regularly review our systems to ensure that they remain secure and that the necessary safeguards are in place.
  • We appeal to members of the public to notify MOH immediately should they come across information related to this incident, and not further share it. Members of the public who have such information or other concerns can contact our hotline at 6325 9220.

[1] The HIV Registry contains information concerning individuals diagnosed with HIV, a notifiable disease under the Infectious Diseases Act (IDA). MOH relies on information from the Registry to monitor the HIV infection situation, conduct contact tracing in relation to HIV patients and assess disease prevention and management measures.

[2] This includes work and visit pass applicants/ holders."

Health Minister Gan Kim Yong addressing reporters at the press conference:

Straits Times video:


Channel NewsAsia video:


Transcript:

"I'm sorry than one of our former staff who was authorised to have access to confidential information in our HIV registry appears to not have complied with our security guidelines and this may have led to an unauthorised person being in possession of the data and disclosing it online. We've been working with police and other entities to disable access to this data online since 25th of January and we are continuing to monitor the situation. We take a serious view on this matter. Our former staff has been charged in court and the case is pending. We will not hesitate to take stern action against staff who violate security guidelines, abuse their authority or abuse access to information. I also understand the concerns, the anxiety and distress faced by affected patients and our priority is their well-being. Since 26 January, we have been progressively contacting our affected patients to inform them so as to extend our assistance. We have set up a hotline so that they can call in for additional information. Our counsellors are also available to assist them and to provide additional support if necessary, and I would encourage our patients who are concerned to please call our hotline so that we can extend whatever support that we can help them in this situation. And going forward, we will continue to strengthen and to review our system to ensure that they are secure and our priority remains on the patient's well-being and we will extend whatever assistance and support that we can for them."

A police spokesman said that the police were seeking the help of their foreign counterparts in their investigations. "The Police would like to remind the public that it is an offence under the Official Secrets Act (OSA) for any person to be in possession of, communicate or use any of the confidential data that may have been disclosed. Police will not hesitate to take stern action, including prosecution, against those who have breached the OSA." A person found guilty of the wrongful possession, communication or use of confidential data could be fined up to $2,000, and jailed up to two years.

Timeline of events:

  • March 2008: Farrera-Brochez applied for an employment pass to stay in Singapore with Ler, using Ler's blood for an HIV test.
  • March 2012 - May 2013: Ler was head of the Health Ministry's National Public Health Unit and had access to the HIV Registry.
  • January 2014: Ler resigned.
  • May 2016: MOH lodged a police report after receiving information that Farrera-Brochez possessed information which appeared to be from the HIV Registry.
  • June 2016: Ler was charged for offences under the Penal Code and OSA. Farrera-Brochez was remanded in prison.
  • March 2017: Farrera-Brochez was convicted of several fraud and drug related offences, and sentenced to 28 months' jail.
  • April 2018: Farrera-Brochez was released from prison and deported.
  • May 2018: After Farrera-Brochez had been deported from Singapore, MOH received information that Brochez still had part of the records he had in 2016. At the time, the records did not appear to have been disclosed publicly. MOH made a police report and contacted the affected individuals to notify them.
  • September 2018: Ler was convicted of abetting Farrera-Brochez to commit cheating, and of providing false information to the police and MOH. He was sentenced to 24 months' jail.
  • 22 January 2019: MOH was notified by police that confidential information from MOH's HIV Registry could be in Farrera-Brochez's possession, and had been leaked online.
  • 23 January 2019: MOH made a police report.
  • 24 January 2019: MOH ascertained that disclosed information matched the HIV Registry's records up to Jan 2013.
  • 24 to 25 January 2019: MOH worked with relevant parties to disable access to the information.
  • March 2019: Ler's appeal against his 24-month sentence to be heard.

Multiple offences by Farrera-Brochez[]

FarreraBrochez001

US citizen Mikhy K Farrera-Brochez

Mikhy Farrera-Brochez (born 1987) had lived in Singapore since 2008 before being jailed in 2017 for several fraud and drug-related offences and lying to the Ministry of Manpower (MOM) about his own HIV status. He also pretended to be a professor in child psychology to land jobs at two local polytechnics. He even used his boyfriend's blood for an HIV test so that it would test negative for the condition. Over a period of about eight years, he committed multiple offences, including cheating, lying to a public servant, possessing drugs and using forged educational certificates. On Wednesday, 1 March 2019, he was sentenced to 28 months' jail. He pleaded guilty to a total of 6 charges, with 17 taken into consideration. 3 other charges taken into consideration were stood down to be mentioned at a later date[3].

In 2008, Farrera-Brochez moved to Singapore a year after he got into a romantic relationship with local general practitioner, Lxx TS (born 1984). The pair had met online . To apply for an Employment Pass (EP) to stay in the country with his boyfriend, he submitted an HIV-negative test result to the Ministry of Manpower in March that year. But Farrera-Brochez, who was in fact HIV-positive, had used Dr Lxx's blood for the test. He visited a clinic in Commonwealth, where Dr Lxx, who was a locum GP, was on duty. Dr Lxx had drawn the blood from his left arm earlier that day and labelled the test tube with Farrera-Brochez's particulars. MOM then issued Farrera-Brochez with an EP and he later worked as a polytechnic lecturer. The couple started living together in Singapore in 2008, before getting married in New York City on 24 April 2014.

Dr Lxx, an infectious diseases specialist, had worked as a medical officer at the Communicable Diseases Division of the Health Ministry from February 2012 to January 2014. Farrera-Brochez similarly duped the authorities again in 2013 when he tried to apply for a Personalised Employment Pass (PEP). He was also found guilty of possession of a mixture of ketamine and cannabis in May 2018. When the police raided their properties, they found several forged education certificates purportedly issued to him. These included a linguistics degree from Vanderbilt University, a Master's degree in developmental and child psychology as well as a doctorate in psychology and education from the University of Paris. A professional teaching certificate was also seized. Investigations showed they were all forged. Farrera-Brochez had given presentations and talks at several international conferences for academia and research. In a 2010 interview with a local newspaper, he claimed he spoke eight languages and was a “successful laboratory rat” of his mother, a Teresa King, who was supposedly a renowned professor of child and adolescent psychology in the UK. However, there was no psychologist in the UK with such qualifications. When British daily The Independent contacted a UK-registered psychologist who qualified under the name given by Farrera-Brochez, she said he was not her son and she did not have any specialisation in that particular area.

Deputy Public Prosecutor Suhas Malhotra said that Farrera-Brochez knew that foreigners with HIV were not allowed to work in Singapore, and yet he had conspired with Dr Lxx to falsify the blood test results. "The fact that the blood test was supposedly performed by a doctor and issued by a clinic gave it an aura of authority, making it virtually certain that MOM would be deceived," he said. "His conduct evinces a blatant disregard for the authority of our laws."

Measures to prevent future data leaks[]

The leak came months after a cyber attack resulted in the data of 1.5 million patients, including government officials and Prime Minister Lee Hsien Loong, being compromised[4]. At the time, officials called the breach of SingHealth, a network of public healthcare providers, the “most serious breach of personal data” in the country’s history and the Government received a lot of flak from the public. Shortly after the HIV data leak, the police issued a statement saying: “Police will not hesitate to take stern action, including prosecution, against those who have breached the OSA. A person found guilty of the wrongful possession, communication or use of confidential data shall be liable to a fine not exceeding $2,000, and to imprisonment for a term not exceeding two years.”

In early February 2019, Associate Professor Vernon Lee, director of the Communicable Diseases Division at MOH said safeguards against a future breach had been rolled out since 2016. These included:

  • a two-person approval process to download and decrypt information from the HIV Registry. This process ensured that the confidential details could not be accessed by a single person.
  • a workstation specifically configured and locked down to prevent unauthorised removal of information. It was also used for processing sensitive information from the Registry.
  • the use of personal storage devices like USB drives on official computers being disabled in MOH in 2017, as part of a government-wide policy.

MOH added that it would continue to regularly review its systems to ensure they remained secure and that the necessary safeguards were in place.

Why MOH decided to announce data breach to public[]

Chan Heng Kee, permanent secretary at MOH, said the ministry looked at several factors before deciding whether or not to go public about such incidents. The key consideration was patients' interest and well being. He said: "From there, we consider factors, (such as) whether the information was secured, whether the information was publicly disclosed, whether there is a continuing risk of the information being exposed even if we were able to secure. And also the concerns that individuals might have should the incident be made public." In this case, the information had been disclosed online. He added: "Certainly in the case where the information has been contained, we would take a more conservative approach." The other reason was that more than half those affected were foreigners who would be difficult for the ministry to contact. "We recognise that even with our best efforts, there are a lot of individuals who we will not be able to contact," he said. Going public may get those with concerns to contact MOH.

The authorities hade blocked online access to the details put out by Farrera-Brochez but they were not able to retrieve the information from him, as they had not been able to get in touch with him since he was no longer in Singapore. Chan explained: "He is still in possession of the information and it is possible that it could still be publicly disclosed." Other parties may also have gotten copies of the information by then, either after he had put it online, or were given to them by him. MOH "has no statutory immunity" and hence, cannot "rule out the possibility of lawsuits" as a result of this breach. Chan said a lot would depend on what the police uncovered in its investigation. However, the ministry was doing everything possible to help those affected, including providing them with a hotline and counsellors. Many of the 900 who had been contacted were anxious, distressed and concerned, he said.

Effect of data leak on people living with HIV/AIDS[]

A 31-year old, gay Singaporean using the pseudonym of Rico who had lived with HIV for almost a decade, received a phone call in January 2019 saying that information about his condition had been published online[5]. He had only confided in a small number of people about his HIV status because he was fearful of the reaction he would get in the conservative country. Rico said: “The LGBT community is angry and frustrated with the entire ordeal.” He was frightened that “the leaked information may change people’s perception of me.“ People living with HIV/AIDS in Singapore had long complained of prejudice and campaigners said the negative reaction to the data breach had highlighted the stigma, with NGO Action for AIDS (AfA) condemning the leak.

A human resources manager working in the hospitality industry was quoted in The Straits Times as saying she would sack any of her staff if their names were among those published, even though the virus was usually transmitted through sex or sharing of needles and could not be spread via casual contact, such as shaking hands or hugging. Foreigners with HIV were for many years not allowed to set foot in Singapore at all. In 2015, the Government lifted the ban on HIV-postive foreigners making short visits but those seeking to work in Singapore must still pass a blood test to ensure that they were HIV-negative. Sumita Banerjee, executive director of Action for AIDS, said people with the virus had been calling up her organisation in tears, adding: “One of the main concerns is that employers, friends and family who were not aware might react badly” and that some were afraid of losing their jobs. However, according to guidelines from health authorities, there were generally no valid grounds for terminating the services of a HIV-positive employee simply due to their condition.

Even though the Ministry of Health had stated that the “wellbeing” of those affected by the HIV data leak was their “priority” and support was being offered, Rico felt that the damage had already been done, and he feared some people with HIV would now refuse to seek treatment due to safety concerns. He said: “I will not be surprised if the fear drives people underground.”

Dr Lxx TS denied renewal of practising certificate and access to National Electronic Health Records[]

On 3 February 2019, the Ministry of Health announced that Dr Lxx was still on the Register of Medical Practitioners but that he no longer had a practising certificate which was required to practise medicine in Singapore. Also, unlike other doctors, he no longer had access to confidential information of patients in the National Electronic Health Records (NEHR) which included all public sector patients. MOH said: "Ler remains registered as a doctor, but he currently does not have access to MOH and public healthcare IT systems with patient records. In particular, he has had no access to the NEHR system since January 2014. He will not be permitted access to any of these systems." Associate Professor Benjamin Ong, the Singapore Medical Council (SMC) Registrar, said that he had not been taken off the Register because the council had to follow "due process". Prof Ong, who was also the Director of Medical Services at the Ministry of Health, said Ler had appealed against his 24-month conviction and the appeal would be heard in March 2019. He faced another charge of "mishandling" information under the Official Secrets Act (OSA) while he was head of the National Public Health Unit but it was pending his appeal on the earlier charges. Historically, the SMC would not take action against a doctor until any legal appeals had been disposed of.

Dr Lxx TS sentenced to two years' jail[]

On 3 February 2019, after a trail which took place on 25 September 2017[6], Dr Lxx was sentenced to two years' jail on two charges each for abetment of cheating and for giving a false statement to a public servant[7]. The maximum penalty was a prison term of up to 10 years and fine for each cheating charge, and a sentence of up to a year and a fine of up to $5,000 for each charge of lying to a public servant. Both Lxx and the prosecution appealed against the sentence. Ler was found guilty of helping Farrera-Brochez deceive the Ministry of Manpower into issuing him an employment pass in March 2008 and allowing him to keep the pass in November 2013 after red flags were raised about the American's HIV status. Ler was also found guilty of lying to a Ministry of Health investigator in December 2013 and a police officer in January 2014, to cover up the truth when he was questioned about the second blood test.

District Judge Luke Tan's written grounds for his decision were published on Tuesday, 13 November 2017. Farrera-Brochez, then 33, who was a polytechnic lecturer in Singapore, had been sentenced to 28 months' jail on 1 March 2017 for offences including cheating, lying to a public servant, possessing drugs and using forged educational certificates. In March 2008, the American had taken a HIV test at a Singapore Anti-Tuberculosis Association (SATA) clinic using a fake Bahamian passport. He tested positive. The prosecution's case was that the pair knew that foreigners with HIV are not allowed to work here, and so hatched a plan to obtain an employment pass. Farrera-Brochez went to the clinic where Ler was working as a locum for a medical examination. However, the blood sample labelled with his name was actually from Ler. The sample tested negative and Farrera-Brochez was issued an employment pass. Later, MOH determined that the positive result from the SATA clinic actually belonged to Farrera-Brochez and told MOM about this. In October 2013, MOM told Farrera-Brochez that his employment pass had to be cancelled, but he said he could prove he did not have HIV. Using the same ruse again, a sample of Ler's blood was submitted and MOM did not cancel the employment pass. Both the MOH and the police investigated the matter.

Ler initially maintained to the police that the blood sample was Farrera-Brochez's. But in two statements in May 2016, he confessed that he had substituted his blood for Farrera-Brochez's. During his trial, Ler challenged the admissibility of these statements, claiming that he had given them under duress. His various allegations were rejected by Judge Tan. Among other things, Ler said while he was being questioned, an officer burst into the room, flung medical records on the table and shouted at him to "stop playing games" and tell them what they wanted to hear. This was refuted by the relevant officers. The judge said he found it hard to believe Ler, who flip-flopped in his testimony regarding the identity of the officer who was allegedly hostile towards him.

Lxx's appeal against his sentence was dismissed by a High Court judge on Monday, 11 March 2019[8].

Farrera-Brochez arrested in small Kentucky county for criminal trespass into mother's home[]

On 8 December 2018, Farrera-Brochez was arrested at his mother Teresa King's home in Clark County, Kentucky, USA, after she rang the local sheriff's office to complain that he was banging on her door[9]. Farrera-Brochez had previously been warned on 29 September 2018 not to return to his mother’s property after he tried to force his way in or face being arrested for criminal trespass but he returned on 8 December 2018 to her home anyway. The arrest citation stated: “Upon arrival, this deputy observed the above suspect [Farrera-Brochez] sitting on the porch of the residence After talking with T. King, she advised that she did not want the above suspect on her property and that he had been warned in the past not to be on the property. This deputy informed the suspect about the past warning and the suspect was instructed to leave numerous times but the suspect kept wanting to ask about the property that T. King had of his and wanting to talk to the sheriff.” When contacted by the press, Camille Dawson, the spokesperson for the US Embassy in Singapore, said the embassy could not comment on ongoing investigations.

Farrera-Brochez admits in FBI affidavit to threatening Singapore government with making HIV database public if it did not release husband Dr Lxx[]

On 22 February 2019, Federal Bureau of Investigation (FBI) Special Agent Chelsea Holliday filed an affidavit in which Mikhy Farrera-Brochez admitted he had come “into possession of the database in Singapore” and brought it to the US[10]. Farrera-Brochez said he would hand over the database to the FBI if the latter could “convince the Government of Singapore to release his husband”, Singaporean doctor Lxx TS. “But if the Singaporean Government did not release Siang (Lxx), he would release the database to the public,” Holliday wrote in her official report. Holliday also said that Farrera-Brochez advised her that he would "commit suicide" before he would turn over the database.

Farrera-Brochez had been charged in the US with the unlawful transfer of stolen identification documents and possession with intent to distribute these documents. It was alleged that from June 2018 through to at least January 2019, while living in Kentucky, he had emailed links from the medical database to several media outlets, including Alvinology, Mothership, The Straits Times and CNN. In the affidavit, Holliday said the FBI had first come in contact with Farrera-Brochez when he wrote to them via the FBI website in November 2018. He alleged Lxx had “married him under false pretenses” and claimed he had been falsely imprisoned in Singapore. Two agents from the FBI, including Holliday, met with Farrera-Brochez. "Brochez went on to accuse the Singapore Government of kidnapping, lying, forging documents, falsely imprisoning him, impersonating police officers and allowing Brochez to be raped in prison," said Holliday. "Brochez claims that he did not have HIV when he went to prison in Singapore, but contracted it there. Brochez was not able to offer proof or witnesses to any of the allegations that he made." Holliday added: "(FBI agent James) Huggins and I advised him to contact me if he could provide proof. "We explained to him that the FBI could not begin an investigation into a foreign government based solely on his word and that there were likely jurisdictional boundaries as well.”

The Ministry of Health (MOH) had refuted his “baseless allegations” and called him a “pathological liar”. Two months later, in January 2019, Brochez again contacted the FBI. Holliday said he refused to explain what he wanted from the FBI, but “appeared to be emotionally distressed and erratic”. The FBI became aware of the data leak from Singapore’s HIV registry in February 2019. After a VICE News article was published the same month, in which he admitted to sharing the data with the press and Singaporean and American government, the FBI found several emails sent out by Farrera-Brochez. On 22 January 2019, he had sent an email to the Singapore Government with his baseless accusations and links to an online platform which he explained were links to the medical database, the affidavit stated. Several emails were also sent from his personal email to news outlets, before he warned in a Facebook post in February 2019 that he would continue to release the data unless Lxx was released from prison.

On 19 February 2019, Holliday tried to get Farrera-Brochez to come in for an interview, but he refused to, claiming the FBI was trying to set him up to be arrested by the Singapore Government. Two days later, the agent spoke with Farrera-Brochez’s mother, Teresa King, whom he had been living with after he was released from Singapore's prison. “King advised that her son was mentally ill and she was extremely afraid of him,” Holliday said. She also told the FBI her son had sent her a link from his email to the stolen database, and she deleted it because she did not want to be in possession of it. “King also explained that Farrera-Brochez admitted to her that he had emailed links to the database to the Supreme Court in Singapore and Singaporean diplomats,” the affidavit said.

On that same day, the FBI found out that Farrera-Brochez might be in Jackson, Kentucky, and he was detained and interviewed by the FBI. “During this interview, Farrera-Brochez admitted to coming into possession of the database in Singapore then bringing it into the United States,” Holliday wrote. He admitted to sending the database because he wanted to “clear his name” and to get Lxx released. The pair started living together in Singapore in 2008, and were married in New York City in 2014.

Singapore's Health Ministry announced on 28 January 2019 that Farrera-Brochez, who was deported in April 2018, had leaked online information from Singapore’s HIV registry. He was now wanted in connection with the data leak that includesd5,400 Singaporeans diagnosed with HIV from 1985 to January 2013 and 8,800 foreigners, including work and visit pass applicants and holders, diagnosed with HIV from 1985 to December 2011. Farrera-Brochez was scheduled to appear before a court in Kentucky on 27 February 2019.

Dr Lxx TS' medical registration suspended for 9 months, then struck off medical register[]

On Tuesday, 12 March 2019, the Singapore Medical Council published a statement that Dr Lxx had had his medical registration suspended for nine months and could face further disciplinary action[11]. The suspension, which came into effect on Thursday, 7 March 2019, was ordered by an Interim Orders Committee (IOC) which would issue the grounds of its decision "in due course". Besides the seriousness of Ler's convictions in the law courts, the SMC said that it took into account various drug-related charges that were also brought against Ler, as well as a pending charge under the Official Secrets Act for failing to take reasonable care of information from the HIV Registry. Although the SMC recognised that Ler's appeal had not been dismissed at the time of the suspension, it said it also took into account the need to maintain public confidence in the medical profession while the legal proceedings were ongoing. "The information on the convictions and the pending charges was therefore re Farred to an IOC for the purpose of determining if it was necessary for the protection of members of the public or was otherwise in the public interest, or was in the interests of Dr Ler, that his registration be suspended or be made subject to conditions or restrictions." Ler's practising certificate expired on 31 December 2018 and its renewal had been under review following his convictions and sentencing. He was scheduled to begin serving his two-year jail sentence on Thursday, 21 March 2019. On Monday, 11 March 2019, Lxx told the press that he had not spoken to his partner, Mikhy Farrera-Brochez, since October 2018[12].

On Tuesday, 1 September 2019, a Singapore Medical Council's disciplinary tribunal announced that Lxx had been struck off the medical register[13]. The prosecution argued that the nature of Ler’s offences included fraud and dishonesty and that it “necessarily implied a deficit in character”. He had demonstrated “reprehensible conduct” at the criminal trial and was sentenced to two years' imprisonment. “These serve to strengthen the implication that (Ler) possesses a defect in character making (him) unfit for his profession,” said the prosecution, according to the tribunal’s grounds of decision.

Ler argued that he had committed the dishonest acts “out of love, passion and compassion” for Farrera-Brochez, and not out of “greed and avarice”. He claimed the acts did not imply a “defect in character”, and asked not to be struck off. He added that there was no “personal, financial or material gain” in committing the offences, but he said it was a choice “between being dishonest and being with the person that I was in love with at that time”.

But the tribunal said Ler’s arguments against his guilt were “wholly misconceived” and rejected them. The offences Ler committed were not a “simple dishonest act” but criminal convictions involving fraud and dishonesty. “In fact, we found (Ler’s) attempts to trivialise his repeated deceptions of government agencies, which are responsible for the safeguarding of public interests, as being akin to spousal cheating deeply disturbing and worrying,” the tribunal wrote. They said that Ler’s claim that he made no “personal, financial or material gain” from his offences were “incorrect”, adding that Ler committed the offences so he could continue staying with Farrera-Brochez. This was entirely a personal gain by Ler, achieved by “abusing his position as a medical practitioner and sacrificing his professional responsibilities”, the tiribunal added. He “betrayed” his role as a medical practitioner to safeguard public health and safety by assisting his partner, and had engaged in the deception of authorities four times.

These offences took place over the course of several years, and Ler’s “carefully planned, deliberate and flagrant deception” of authorities shows a “defect in character rendering him unfit for his profession”, the tribunal added. “In addition, this tribunal notes that (Ler’s) conduct at the present disciplinary proceedings in attempting to make light of his offences has only served to further illustrate his recalcitrant and unremorseful attitude in failing to appreciate the gravity of his criminal conduct, and thus the severity of the defect in character on the part of the respondent, indicating that a severe sentence is justly warranted,” said the grounds. Besides being struck off, Ler would also have to pay costs incurred during the tribunal hearings.

Lxx sentenced to another 15 month's jail for drug offences[]

On Thursday, 30 May 2019, 2 months into serving his 24-month prison sentence, Dr Lxx, then 38 years of age, began a 9-day trial that would span 5 months, this time for two drug-related offences[14]. The court heard that Lxx allegedly he used his medical skills to inject drug abusers. He was accused of providing "slamming" services, street slang for administering illegal substances by injection. Deputy Public Prosecutor Nicholas Wuan said Ler was so proficient at it that the word had spread and reached the ears of a Sim Exx Cxxx who engaged his services. "This is a case of a medical practitioner who knows no bounds in betraying his professional and ethical standards in pursuit of his self-interests," added the DPP. Ler was accused of administering methamphetamine, also known by its street name Ice, to Sim in a room in Swissotel The Stamford hotel on 26 February 2018. He was also being charged with possessing utensils intended for drug use at the Conrad Centennial Singapore hotel lobby on 2 March2018. Another charge of failing to provide a urine specimen to a Central Narcotics Bureau officer was stood down for the trial.

The prosecution team, comprising DPP Wuan and Desmond Chong, said they would set out to prove that Sim was introduced to Ler for his "slamming" services some time in the second half of 2017. At that point, Ler was already facing charges of abetment for cheating and giving a false statement to a public servant. He was charged in court for these offences related to the HIV data leak, which involved his American partner Mikhy Farrera-Brochez, in June 2016. The Prosecutors said Sim had engaged Ler's "slamming" services on a number of occasions and had done so on 26 February 2018 and again on 2 March 2018. On the latter date, the hotel staff discovered drugs and drug-related paraphernalia in Sim's hotel room and the authorities arrested Ler and Sim after they were called to the scene. The authorities also found a syringe, two straws and a bottle on Ler.

When questioned why he had these items with him, Ler said that he "is a doctor", and that he used them for himself, a former hotel security staff, who was present on 2 March 2018, testified in court. But traces of methamphetamine were found on the items, the prosecutors said in their opening statement. "When the law finally caught up with him, the accused showed no remorse, and even tried to use his status as a doctor to protest his arrest," they remarked. Ler represented himself in the trial. He also faced an upcoming charge under the Official Secrets Act for failing to take reasonable care to retain possession of the information regarding the HIV-positive people. The trial related to the drug offences continued the following day.

On Friday, 31 May 2019, the court heard that when drug-related paraphernalia was found on him, Dr Lxx told Central Narcotics Bureau officers the syringe in his bag was for injecting insulin into his patients[15]. He also told an officer that the same syringe was used to "flush" out food particles from between his teeth. The officers found Ler to be "uncooperative", as he not only doubted whether they had the right to search but also tried to prevent them from doing so, citing his "civil rights" initially. It was only after officers found drugs on Sim that they arrested Ler and proceeded to search his bag. But Ler was "evasive" on the use of the items found in the bag, and he said the straws were for "no particular use" and the bottle was "for nothing", an officer told the court. Prosecutors said all four items were later found to have traces of methamphetamine.

Ler told the court that he "was not entirely forthcoming with his answers" because he knew there was to be another round of official statement-taking. But the officers testified that Ler refused to give a sample of his urine when he was brought to the CNB office despite being warned that he could be charged for his refusal. Ler's statement was taken by CNB officer Gan Cher Kiat, who told the court that the accused claimed to have used the syringe found on him to flush out food particles from between his teeth. Ler's charge under the OSA and another for refusing to provide a urine specimen were stood down for the time being. The trial for Ler's two drug-related charges was scheduled to resume in July 2019.

0n Wednesday, 10 July 2019, a district court heard that before having group sex with other men, then 44-year old tutor Sim Exx Cxxx would often hire Dr Lxx to inject drugs into him and occasionally his "sex buddies"[16]. Sim, a former drug abuser, testified that he had hired Ler to provide "outcall" services for him and his sexual partners for more than six months before both of them were arrested on 2 March 2018. Speaking on the third day of Ler's trial, Sim said he would even engage Ler twice a day for "slamming". He added that he had first heard of Ler, whom he knew as Todd, through his "sex buddies" some time in the second half of 2017. Sim was re Farred to Ler on Grindr, an app for gay people to meet one another, and later contacted Ler to ask if he provided "slamming" services. He told the court that he pre Farred to have someone else do it for him as it was "less stressful".

Sim began engaging Ler - who went by the moniker Altitude - to inject methamphetamine, which he described as a sexual stimulant. Sim said he rarely felt discomfort as Ler was professional in administering the drugs. "Even after he missed (a vein), he could give me a solid explanation of why he wasn't able to perform up to expectations." A session typically cost $40 and Sim would also reimburse Ler for his transport costs, he said. Occasionally, Ler asked him for a substance called "G water", which Sim said would "lift the high" of other drugs such as Ecstasy. He gave Ler bottles of "G water" in lieu of payment for his services.

On 26 February 2018, Sim engaged Ler again for a "slamming" session at Swissotel The Stamford, where he had booked a room for a romp with two men. Ler left after administering the drug, he said. On 2 March 2018, Sim had another session, this time at the Conrad Centennial Singapore. He went to buy drugs in Geylang, and lined up sexual partners by reaching out to people on Grindr and his own contact list. Again, he contacted Ler for "slamming" services, but both were arrested in the hotel lobby instead. Sim, who was jailed on 24 September 2018 for his drug offences, was then serving the rest of his sentence in a halfway house.

On Thursday, 11 July 2019, Lxx told the district court that he had provided massage, not "slamming", services to Sim before the two were arrested by narcotics officers[17]. During Ler's cross-examination of Sim, Ler asked him if he recalled that Ler's profile on Grindr specified that he was offering a massage service. Sim replied no. Ler then said his Grindr profile had a description that read "for a slamming good time", and asked Sim if he remembered informing him that "slamming" had a different connotation involving drugs. "Do you recall that I was horrified by the wrong choice of words?" Ler told Sim. "Slamming" became an inside joke, Ler added. Subsequently, whenever Sim wanted a massage, he would refer to it as a "slam", the doctor told the court. "(You) misrepresented the nature of my service to you, which in truth did not involve the administering of methamphetamine to you," said Ler, who also asked if Sim had a "plea deal". Sim denied all the allegations. He reiterated that he had never hired Ler to give him a massage but to inject drugs into him. "From the point that I was arrested, I felt a sense of doom and I realised I had to face consequences," said Sim. "My IO (investigating officer) and any other CNB (Central Narcotics Bureau) officers I met... they can attest to the fact that I have chosen to face up to the consequences of my actions very squarely." He added that he had nothing to gain from testifying against Ler and was in court to tell the truth. Sim also said he had not been given any goodwill, highlighting that a district judge had chosen to sentence him to 17 months' jail for consumption and possession of drugs. The sentence was higher than the prosecutors' suggested sentence of 12 months for consumption and two months for possession. "I come to court to testify... to tell the truth... I know it, and you know it," said Sim to Ler. "I faced up to the reality of my actions... And I urge you to face up to it."

On Friday, 12 July 2019, Lxx told the court that straws and a methamphetamine-stained syringe found on himself by narcotics officers had been meant for "arts and crafts" projects such as folding an origami star[18]. Taking the witness stand on the fifth day of his trial, Ler testified that the straws were to be folded into an origami star and a dog figurine, and he had intended to dispose of the syringe but forgot about it for six months. He claimed the straws and syringe were taken from the study room of his former partner, Mikhy Farrera-Brochez. Ler denied that he provided slamming services to Sim and said that he offered "health advisory services" instead, including sports massages, prostate massages, and a wound-dressing service. They met in August 2017, when Sim contacted him via gay dating app Grindr. "He told me he was going to meet a sex buddy after I'm done... and he wanted an urut batin to enhance libido... so I told him I had some experience doing prostate massage," recounted Ler, using a Malay term for the massage. It was similar to the prostate examination he had done as a doctor, he explained, adding that it was a "good chance" for him to practise as he had not done it for a long time. The massage services and planned arts and crafts projects were his two methods of supplementing his income as he was not sure if he could renew his doctor's practising certificate in the light of the court proceedings against him for his cheating-related offences.

When narcotics officers asked Ler about the syringe in his bag on 2 March 2018, he told them that it was an insulin syringe as he felt that they "did not recognise it as an insulin syringe". Later on, he told them that he used it to dislodge food particles in his teeth, a practice that he learnt from Farrera-Brochez. "Subsequently when results (from the Health Sciences Authority) came back... I remembered that I recovered this syringe from the study room of my ex-partner," said Ler. He testified that he had meant to dispose of it in a sharps box when he went to a clinic for work, but "completely forgot about it". The straws were also obtained from Farrera-Brochez's study.

During his cross-examination, Deputy Public Prosecutor Nicholas Wuan asked Ler if he agreed with the proposition that Farrera-Brochez would not have left the syringes lying around if the American man had HIV. Ler replied: "I have no information to answer that." DPP Wuan also questioned Ler about the contents of his text messages with Sim, some of which mentioned "G water" . Sim had earlier testified this to be a substance that enhanced the effects of drugs, and said he gave Ler "G water" in exchange for "slamming" services. Ler countered that "G water" was the name of a "virtual potion" in a game that he could not remember the name of. DPP Wuan said: "I put it to you that your entire story about G (water)... are all lies." He further added that Ler had not made a single mention of his alleged massage services in his statements to the Central Narcotics Bureau (CNB) officers. "I put it to you that the defences you have raised in your statements to the CNB are after-thoughts," said DPP Wuan. The trial continued later that month.

On Thursday, 17 October 2019, Dr Lxx was sentenced to a 15-month jail term for his drug offences, scheduled to run after Ler finished serving his earlier two-year sentence[19]. On Friday, 28 August 2020, Lxx lost his appeal in the High Court against his conviction for the drug-related offences[20].

Lxx finally given 10 more months' jail for refusing narcotics officers a urine sample[]

On Monday, 21 December 2021, Lxx was sentenced to an additional 10 months' jail for failing to provide narcotics officers with his urine sample[21],[22]. After initially saying he would claim trial to his last remaining charge under the Official Secrets Act, Lxx changed his mind and admitted to the charge of failing to take reasonable care of confidential information and to retain possession of it in the HIV registry. This charge, which was the last of the offences he faced punishment for, was taken into consideration for the sentencing for the urine sample charge. This latest sentencing marked the end of criminal proceedings against Lxx, should there be no further appeals.

The court found that Lxx had refused to provide his urine specimen to narcotics officers after he was arrested with a drug abuser at the Conrad Centennial hotel on 2 March 2018 on suspicion of drug consumption. He was taken to the CNB office for investigations, but did not give his urine sample as required from 5.30pm to about 1am the following day despite multiple requests from different CNB officers. The latter warned him about the consequences of not giving his urine sample, but Ler refused to give it citing his "human rights and civil rights", the court heard. He was pronounced guilty of injecting drugs into abusers for a fee and for possessing drug utensils, He was sentenced to 15 months' jail for these crimes. This was on top of his two-year sentence for helping his HIV-positive former partner dupe authorities into issuing him a work pass. Lxx had claimed trial for all his charges except for the charge relating to the OSA. In the latest trial, Ler, who continued to represent himself, claimed that he did not believe the Central Narcotics Bureau (CNB) officers were giving him a "legal order" to furnish the urine sample. He also alleged that the officers did not give him a time frame for providing the sample and did not instruct him how much urine he should give, nor tell him into which receptacle to do so. Ler charged that he could have "just produced a drop of urine" in his pants and that "would have been providing urine."

District Judge Carol Ling said that whether Ler refused to give a urine specimen or had failed to give one, the fact remained that no urine sample was produced to the CNB officers. She added that his allegations in the trial were just afterthoughts. Deputy Public Prosecutor (DPP) Lu Yiwei asked for 10 months' jail, noting that Ler had "outrightly defied" the authority of the CNB officers. He had also claimed trial to the charge despite not having any excuse to, and had concocted "creative excuses" for his failure to provide a urine specimen.

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Acknowledgements[]

This article was written by Roy Tan.