Are You Under Investigation for Prescription Drug Fraud?

 Posted on June 25, 2020 in Drug Crimes

Pharmacists help people every day, providing the necessary medication that helps patients with their illnesses and injuries. Few pharmacists expect to receive a target letter or a federal subpoena and when they do, it is easy to imagine the worst-case scenarios. While pharmacists are often the target of prescription drug fraud investigations, it is important not to panic. There are defenses available for these cases and ways you can protect yourself.

Becoming Involved in the Government’s Investigation

Once you learn that you are under federal investigation, it is easy to want to wait it out, hope for the best, and see what happens. This is a big mistake. The Department of Justice (DOJ) and the Drug Enforcement Administration (DEA) are overzealous in their investigations and they cannot go unchecked. A lawyer can ensure that the investigation is being conducted in accordance with the law and that you do not provide more to the investigators than you are legally obligated to.

Conducting an Internal Assessment

If there are issues within your pharmacy, you must be prepared to identify them before the investigators do. A lawyer will be able to conduct an internal assessment and apply the laws, rules, and regulations that govern pharmacies to your case. If issues are found, they can then be corrected before they turn up in the investigation.

Challenging the Investigators’ Methods

Federal prosecutors and agents sometimes make mistakes while conducting their investigation. When their investigation methods are faulty, or they have made incorrect assumptions, these mistakes must be corrected immediately. Waiting can seriously hurt your case but too often, pharmacists are unaware that the investigation methods are unethical, or do not comply with the law.

The Importance of Exculpatory Evidence

Investigators tend to focus on the evidence that helps prove their side of the story. Exculpatory evidence is evidence that shows that you are not guilty of committing an offense. Unfortunately, when investigators uncover this type of evidence, they often do not present it right away, or at all. A lawyer can uncover this evidence and ensure that it is presented to the court or the federal prosecutor.

Ongoing Compliance

Showing that you are committed to compliance can be a great help in your case, and shows investigators that you do not deserve to be federally prosecuted. A lawyer can ensure that any deficiencies are corrected and that a comprehensive compliance program is in place.

Under Investigation? Our Chicago Federal Defense Lawyer Can Help

Learning that you are under federal investigation for prescription drug fraud is very scary, but it does not necessarily mean that you will ever face charges. If an investigation into your pharmacy has started, our skilled Chicago federal criminal defense lawyer at the Law Offices of Hal M. Garfinkel can help. Attorney Garfinkel knows how these investigations work, and how to intercept them to ensure prosecutors and federal agents are complying with the law. Call us today at 312-629-0669 or contact us online to arrange a free consultation.

Source:

https://www.law.cornell.edu/uscode/text/21/829