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Raiser & Kenniff’s team of Physician Drug Trafficking attorneys have many years of successfully representing healthcare providers and all other types of clients who are facing a potential drug diversion investigation by the DEA and other federal agencies.We’ve helped clients like physicians, physician assistants, pharmacists, and many other types of healthcare providers. We regularly represent healthcare providers and individuals in all phases of their case – ranging from investigation, to trial, and avoiding prosecution.
Drug diversion is a very common charge, that comes with extremely high penalties. We have experience handling cases for members of the general public, in addition to healthcare professionals. Here’s what you should know about DEA drug diversion criminal cases, and the role our Physician Drug Trafficking Lawyers can take in helping to protect you.
Drug diversion, as defined by the US Department of Health & Human Service’s Office of I.G., is when prescription drugs are used for illegal purposes. Anyone involved in the chain of custody and sale, can be charged and prosecuted for the illegal activities. For example, the doctor who sells Oxycontin pills can face drug diversion criminal penalties, in addition to the drug dealer and the person who purchases the drugs. It’s common for additional charges to be tacked on, in order to get a harsher penalty by the prosecutors.
DEA drug diversion criminal investigations happen often. Often, many law enforcement agencies will observe drug providers before they take action. They’ll conduct an extensive investigation, in order to conduct have as much evidence as possible to make sure their case is strong. They’ll gather substantial evidence, in order to use it in court, and so they can pursue formal charges or setup a sting operation. It’s common for members of law enforcements to pose as drug dealers, or an illicit drug user, so they can conduct an arrest, or seize evidence.
Many states have tried to stop drug diversion by creating state level laws. These statutes are applied in order to secure evidence from suspects who have conducted wrongdoing. For example, the US Center for Disease Control and Prevention states that 23 states have laws that prevent valid patients from getting more than a 30 day supply of medication. Many states also have placed limits on emergency dispensing of such drugs. It’s common for DEA drug diversion investigations to focus on pharmacies and doctors who fulfill orders for medication that they shouldn’t be doing.
Drug users can also be targeted in a drug diversion case, with other crimes, like doctor shopping, or trying to get multiple prescriptions filled – by going to different doctors. Many people, often don’t know their rights. As a result, they are coerced into making false statements or inaccurate statements to investigations which could put them in a tricky situation. When people are threatened with drug diversion charges, in addition to hearing charges of conspiracy, and drug distribution charges, they may end up accepting plea deals that aren’t favorable. Doctors and nurses, are often targeted under suspicions of drug diversion – and are vulnerable to prosecutorial tactics.
DEA Drug diversion is an extremely serious legal problem. Our Physician Drug Trafficking Lawyers highly recommend that you speak to a DEA drug diversion attorney, who can help you. Regardless of whether a full blown investigation has started, or not, we encourage you to contact us immediately. You should never discuss your case with the investigators – at risk of incriminating yourself. You should speak to an experienced DREA drug diversion lawyer. Even if you’ve given a police statement, we encourage you to speak to our drug diversion attorneys. Before agreeing to a deal that may not be beneficial, it’s crucial you have an experienced attorney who can help you discover alternative options and help you evaluate your case. It’s crucial that you realize – if the prosecutor can’t prove you did it – then their case is weak/nonexistent. Our New York DEA drug diversion lawyers have handled many cases, and can help you.
The DEA office of diversion control was setup to combat cases of drug drug diversion against healthcare providers. The DEA investigates the alleged diversion cases, and assists the DOJ in order to indict physicians, nurses, pharmacists, and others, involved in a criminal drug diversion case which is a violation of the Controlled Substances Act. After the DEA finishes their DEA drug diversion investigation, the DOJ will determine if Federal prosecution is warranted, or if the state prosecutors and state licensing board should handle the case. Typically, the DEA will handle drug diversion cases by sending undercover officers and patients to the physician/pharmacist – while having everything recorded. After the case is established, the DEA will raid the practice/pharmacy, in cooperation with local authorities and/or FBI. During the raid, they’ll try to obtain a statement from the healthcare providers in the practice/pharmacy. We recommend never making a statement to DEA agents without advice from a drug diversion defense lawyer. Generally, in our experience, by the time the practice is raided, both the DEA and DOJ have enough evidence to charge the staff, including the doctor/nurses/pharmacists and all other mid-level providers at the practice. It’s typical for an indictment to be already issued, but under seal. It’s crucial you hire a drug diversion attorney at the first chance you determine you’re under investigation.
Even if you aren’t facing criminal charges, you’re case will likely be referred to a prosecutor during/after the state licensing proceedings are concluded. Criminal charges resulting from drug diversion / stealing drugs are extremely common, and healthcare providers have to be very cautious when they’re responding to a letter of investigation. Any statement you make, verbally, or orally, to a state investigator can be used against you.
Our law firm has represented numerous healthcare providers in a wide array of DEA drug diversion cases, ranging from federal indictments to minor licensing issues. We represent healthcare providers of all size, and caliber, accused of drug diversion. We can help at all stages of the drug diversion case, including representing you when you’re speaking to investigators, defending you at board and administrative hearings, and helping prevent license suspension. We can even help health providers accused of drug diversion by an employer – by negotiating with your employer to resolve the allegations before it’s reported to the board.