DEA Drug Diversion Lawyers – Physician Drug Offense Lawyers
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/defense-lawyers/dea-drug-diversion-reporting/”>DEA drug diversion criminal cases, and the role our Physician Drug Trafficking Lawyers can take in helping to protect you.
Physician Drug Offense Lawyers
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.
What to expect in DEA drug diversion cases
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/defense-lawyers/dea-drug-diversion-reporting/”>DEA drug diversion investigations to focus on pharmacies and doctors who fulfill orders for medication that they shouldn’t be doing.
Physician Prescription Drug Offense Lawyers
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.
How Our Physician Drug Offense Lawyers can deal with the DEA drug diversion crime accusations
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.
Federal DEA Drug Diversion Investigations
The dea/defense-lawyers/dea-drug-diversion-defense/”>DEA office of diversion control was setup to combat cases of drug drug diversion against healthcare providers. The dea-investigation-lawyers/”>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/defense-lawyers/dea-drug-diversion-reporting/”>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/defense-lawyers/dea-drug-diversion-defense/”>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/defense-lawyers/”>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.
Physician Drug Offense Attorneys
Even if you aren’t facing criminal charges, your 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 dea drug diversion lawyers have 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. Our dea/defense-lawyers/dea-drug-diversion-defense/”>DEA drug diversion attorneys 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.
- DEA Audits and DEA Investigations | DEA Lawyers
- DEA Audits and DEA Investigations Lawyers
- DEA Audits and Investigations
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- DEA Drug Diversion Lawyers – Physician Drug Offense Lawyers
- DEA Drug Diversion Reporting
- DEA Matters
- DEA Order to Show Cause Representation Lawyers
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- DEA SURRENDERS
- Pharmacy DEA Audits
- Will I go to jail for drug diversion?
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- nurse charged with drug diversion
- DEA Search Warrant Lawyers
- Preparing for a DEA inspection
Therefore, the moment you find out a dea-audit-lawyer/”>DEA investigation or audit of your Austin practice is pending, you should immediately contact a lawyer. He or she will advise you of the rights you have in this type of situation. Your lawyer will also discuss the best way to proceed as he or she represents you before and during the audit.
Audits and investigations are conducted to determine whether healthcare providers remain compliant with the Controlled Substance Act. There are a variety of reasons that your practice has become the subject of a dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA audit or inspection:
• A patient or pharmacy has expressed concerns with your prescribing practices
• There appears to be deviations in your prescribing patterns when compared to others who prescribe similar medications
• Your practice is one of many random selections to ensure compliance
Generally, practitioners are dea/defense-lawyers/preparing-for-a-dea-inspection/”>inspected by the DEA one time every three years. However, prescribing certain drugs such as buprenorphine may require more frequent inspections. Having a Drug Addiction Treatment Act of 2000 waiver may also spark more inspections.
Warrants and Notices of Inspection (dea Form 82)
The dea/defense-lawyers/preparing-for-a-dea-inspection/”>DEA does not need to obtain a search warrant for the inspection, unlike criminal searches. However, if other agencies are conducting the search for criminal proceedings and the dea is part of the criminal investigation, the agency must get a warrant before searching your practice or clinic.
The audit commences once a Notice of Inspection of Controlled Premises, or dea Form 82, is presented. Alternately, agency representatives may have an administrative inspection warrant to present to you prior to the inspection.
dea diversion investigators, who are part of the DEA’s Diversion Control Program and assigned to various field offices, conduct the inspections across the United States.
Giving Informed Consent for dea-audit-lawyer/”>DEA Audits
If the diversion dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>investigator presents a DEA Form 82, you must give informed consent before the inspection can begin. This is not simply a verbal consent that lets them on the premises; you must provide a written voluntary statement consent to the investigation.
Additionally, the statement should include acknowledgment of being informed of your constitutional right to not have the administrative inspection. Finally, the statement must also acknowledge that anything incriminating found during the inspection can be used against you in a criminal prosecution case.
The administrative search warrant is unnecessary if:
• You are applying for an initial dea/defense-lawyers/dea-registration-suspensions-and-revocations/”>DEA registration
• The inspection is for books and records listed on an administrative subpoena
• There is imminent danger to the public’s health or safety and the opportunity to apply for the warrant can take too long
Scope of Inspections
Keep in mind, just because the dea has a search warrant, they do not have the authority to inspect the entire premises. There are limits to what can be inspected. A recent ruling that expands the scope of inspections to patient records, but it is unclear whether this will be allowed under an administrative search warrant.
During the search, the dea may try to interview you or your employees. Any information from those discussions could be used against you during a criminal or administrative proceeding. Therefore, you should speak with a dea/defense-lawyers/dea-search-warrants/”>lawyer before speaking with the DEA to ensure the agency does not go beyond the scope of what the search warrant allows.
Audit Reports for Noncompliance
If noncompliance is found during the inspections, the dea-audit-lawyer/”>DEA writes an audit report that details the noncompliant issues under the CSA. If noncompliance is found, the matter might be referred to the Department of Justice.
This is where criminal prosecution of what was found is considered. You may also face administrative dea/defense-lawyers/dea-registration-disciplinary-action/”>action against your DEA registration.
Seek Experienced Austin dea-audit-and-investigation-lawyers/”>DEA Audit and Investigation Lawyers
Raiser & Kenniff, PC dea audit and investigation lawyers are experienced in defending our clients against audits, investigations and subsequent actions by the dea. We work with pharmacies, practitioners, distributors and others with a dea/defense-lawyers/dea-registration-surrenders/”>DEA registration.
Not only are we dedicated to protect your dea/defense-lawyers/dea-registration-surrenders/”>DEA registration, but to also protect your professional licenses, career and reputation. Allegations and investigations of noncompliance can cause damage to your professional reputation.