Federal Criminal Investigations Targeting the Illegal Distribution of Opiates and Other Controlled Substances: Enforcement Risks for Physicians and Pharmacists
The DEA is the primary agency charged with maintaining criminal enforcement authority under the Controlled Substances Act (CSA) and various other federal laws. Human experiences have shown, among other things, that the previous opioid laws embodied biases and institutional racism that invaded civil rights and liberties.
This dual-purpose role—the DEA is both a health agency with responsibilities for overseeing the approval of drug and other medicinal treatments and also a law enforcement agency—means that often doctors and pharmacies talk to the DEA. However, the interaction can have profound consequences and there is rarely a situation in which your lawyer should not be present.
What sounds like nothing provable, "I didn't do anything wrong," can quickly turn into a criminal case because you were alone, unprotected, and had no one with the skills and experience next to you.
The good news is, of course, that federal criminal cases in federal court are relatively rare. The bad news is that is so only because most are being either quietly redirected (plea) or openly shut down by the Justice Department as "winners" don't bring a prosecution. This presents a huge challenge for you.
In other words, if and when a federal Medicaid fraud charge is filed in the Middle District of Florida or the Southern District of Texas or elsewhere, it pretty much means that the evidence is convincing and that we are dealing with a "good case."
Inexperienced lawyers may not appreciate this system's structure and logic and so chose to plea because that's all they know or meet unprepared for the prosecution. The consequences? Most retained doctors and pharmacies lose. While it is generally very hard to win a federal criminal case and a trial is essentially a deliberate forum on how to get convicted, federal prosecutors do choose who sits in that hot seat.
We Highlight Your Achievements
Do you know why or how you became a government target? What exactly did you do to violate a federal criminal law? Exactly how vulnerable are you for a healthcare fraud trial? At what point did they decide to file charges instead of working with you?
Our mission is to find a practical and discreet resolution whenever a client is just accused or being investigated. We try to avoid a formal prosecution because we have experienced that criminal cases can take a variety of different turns before they are formally charged. That gives us a headstart, and allows us to utilize our clients' academic achievements, professional accomplishments, and community work to do what we do best: convince government lawyers not to go forward on a case.
We Make the Government Prove Its Fraud Case
As noted above, federal prosecutors don't waste time. And, they are the ones picking and choosing who to charge— they normally choose "easy" cases and often elect to not charge the "close ones." This reality means that most charged cases are difficult (as opposed to easy) to defend.
What do we do if we can't stop charging decisions and indictments? We make the government prove its case at every stage of the case. From the moment you contact us, we scrutinize every fact and assess all available evidence. No increase of guilt can help the government unless it is factwise actually accurate and legally significant.
Available Knowledge
You. The most important source of information is you. We ask for your version of events. If we represent you, you can count on our knowledge, friendship, and safety. Your information allows us to investigate in the right direction.
Government. We always try to meet with the government to understand what is important to the government. Note that a federal "proffer" session is always in your best interest—provided you trust your lawyer and your lawyer has ample access and experience.
Third Parties. The government has subpoena power to obtain information from compounding pharmacies and pharmacies, billing companies, patient depositions, and hundreds of more people and entities. Some information is more reliable than other information— it is our job to find the most reliable evidence.
Call a Federal DEA Defense Lawyer
If you are under DEA investigation, don't jeopardize your outcome or rely on a lawyer that uses your case to learn federal criminal law. These "soft spots" can cause severe collateral damage such as license loss or loss of privileges.
As is the case in all federal criminal investigations, physicians and pharmacists targeted in opioid-related cases have the right to remain silent. Physicians and pharmacists can – and generally should – engage DEA defense counsel to deal with the DEA and the U.S. Department of Justice (DOJ) on their behalf. However, sometimes simply relying on this right is not enough to mitigate the risk of facing criminal charges. If the evidence currently weighs heavily in the government's favor, proactive defense strategies may be necessary to avoid prosecution.
