Criminal Defense for Pain Clinics
Defending Your Pain Clinic Against Unjust Claims
It’s no secret that in recent years the opioid prescription drug epidemic has increased. With an increased number of opioid-related overdoses from prescriptions and illicit street drugs, the government is cracking down on everyone. This intervention is cracking down especially on pain management doctors and pain clinics. Due to the very nature of the profession, many doctors are finding themselves on the receiving end of prescription fraud lawsuits and civil lawsuits for injured parties. This article will review some of the triggers that prompt government cases and the effects they have on pain clinics and prescribers of pain medicine.
The Department of Justice’s Crackdown on Opioid Abuse
Under the direction of Attorney General Jeffrey Sessions, “the largest health care fraud takedown in American history” was announced. The takedown included many arrests, exclusion from governmental insurance programs like Medicaid and Medicare, fraud and pharmacy fraud-related charges. It has been estimated that the takedown has saved taxpayers approximately $1.3 billion. Sessions also indicated that he intends on continuing with increased measures to fight the epidemic.
Need Help With Your Case?
Don't face criminal charges alone. Our experienced defense attorneys are ready to fight for your rights and freedom.
- 100% Confidential
- Response Within 1 Hour
- No Obligation Consultation
Or call us directly:
(212) 300-5196Increased Governmental Monitoring of Prescribing Practices and Pharmacy Fraud
To continue his campaign against opioid and pharmacy fraud, Attorney General Sessions also started the Opioid Fraud and Abuse Detection Unit. The unit operates under the DOJ and monitors data that alerts the unit to potential dangers of pharmacy fraud. Among these dangers include:
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.
Can they take patient records without patient consent?
A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.
This is general information only. Contact us for advice specific to your situation.
What the Detection Unit Monitors
| Monitored Activity | What It Means |
|---|---|
| Opioid related drug diversion | Prescriptions being diverted from legitimate medical use to illegal distribution |
| Physician shopping | Patients visiting multiple doctors to obtain multiple prescriptions |
| Kickbacks and incentives monitoring | Financial arrangements that influence prescribing decisions |
| Illegal drug dispensing practices | Prescribing or dispensing controlled substances outside legal guidelines |
In addition to monitoring, the enforcement agency has assigned special federal prosecutors to 12 areas identified as having disproportionately high rates of opioid abuse. The unit will combine forces with the DEA, FBI, HHS, and local and state law enforcement agencies. Those monitoring prescriber practices are also ordered to look for clues indicating the following:
