We represent many physicians, chiropractors, pharmacists, and physical therapists. These clients have experienced overwhelming pressure from insurance companies, Department of Health and Human Service inspectors and state insurance departments. Allegations of billing fraud for unlicensed medical treatments, prescription and insurance fraud for ghost services, and drug delivery are common. Federal narcotic indictments and state related insurance fraud and theft prosecutions are increasing every day. One need only open the newspaper to read about another doctor or pharmacist charged with unprofessional and illegal conduct.
A particular focus of these investigations are doctors and pharmacists who write and fill prescriptions far in excess of what could be possible to comply with appropriate medical standards, and for which insurance claims are submitted. Professionals who engage in this conduct quickly become the center of federal and state drug interdiction and insurance fraud investigations. Having been involved in several of these huge, multi-defendant federal prosecutions, representing many different players in these cases, gives Richard Hark an edge over other attorneys who claim to be able to handle these cases.
How should the individual respond upon learning that he/she is the subject of a government investigation?
Don't Talk. An individual who is the subject of a government investigation should not speak with an investigator without the benefit of counsel, as doing so may actually expose him to even greater liabilities. Ask to reschedule any meeting and do not answer any questions until counsel is present.
Investigators' patterns of approaching you as target of the investigation are consistent:
- appearing at your house late in the day;
- being really nice and cordial; and
- seeking a non-confrontational consensual conversation which you are free to terminate at any time.
If any admissions are secured, then you are advised to retain counsel. If you deny the allegations or fabricate a story, an obstruction charge is added and a target letter is issued. We preemptively advise all clients that if they are contacted by any investigating authority to identify us as their counsel and ask for a meeting at more convenient time.
Once we are retained, our role as counsel is then immediately clear to any investigator and the client. We then:
- extensively interview you;
- timely respond to all investigative queries,
- determine if pre-arrest cooperation is in your best interest,
- coordinate any imminent surrender,
- timely respond to the emergent administrative licensure filings, and
- legally rally the client's assets before seizure.
Thereafter, issues such as bail, an indictment, business closure or ex parte license suspension proceedings begin to present themselves in short order. Choosing appropriate and experienced counsel is paramount.
The attitude of investigators from various news articles tells the entire story,
"DEA will stand firm on its commitment to investigate and prosecute any medical practitioner who violates the laws of the United States when prescribing controlled substances other than for legitimate medical needs."
"Prescription drug abuse is a dangerous and growing problem in Pennsylvania."
"Doctors are entrusted with the responsibility to heal, not to harm. I am proud to partner with the DEA and law enforcement across our state to fight back against those who break that trust and poison our communities with this kind of large-scale drug abuse."
"Doctors are entrusted with the responsibility to heal, not to harm. I am proud to partner with the DEA and law enforcement across our state to fight back against those who break that trust and poison our communities with this kind of large-scale drug abuse."
"Those who perpetuate this problem by trafficking in prescription drugs are drug dealers, the same as those who peddle cocaine and methamphetamine on our streets. "
DEA investigators may look at the following innocent actions as without legitimate medical purpose, thereby subjecting one to investigation:
- The prescriber's DEA written prescriptions are in significantly larger quantities than compared to other practitioners in the area.
- Too frequent patient refills. A prescription which should have lasted for a month in legitimate use, is being refilled on a biweekly, weekly or even a daily basis.
- The prescriber writes prescriptions for depressants and stimulants, at the same time.
- Patient's present prescriptions in other people's names.
- Numerous people appear within a short time all with a similar prescriptions from the same physician.
- Numerous non-regular patrons appeal at a local pharmacy with prescriptions from the same physician.
THE CONSEQUENCES
The consequences of these charges are enormous. In addition to jail, the practitioner faces revocation of professional licenses, prescription writing capabilities, and Medicare and Medicaid billing authorization are immediately at risk. Even prior to conviction. Our legal practice in this medical licensing subspecialty has risen one hundred percent over the last year. These high profile clients represent a significant catch for any federal or state prosecutor. Important legal issues need be addressed emergently. In these cases we spend a lot of time contesting federal or state forfeiture proceedings of personal and business assets. Stripping a professional of his license and property seeks to not only punish for the alleged, not proven, illegal business activity, but also recoupment of improper insurance payments and payment for the cost of prosecution.
In danger of losing your professional license?
Stop Searching. Start Calling.
Criminal Law Hotline
1-877-4-HARK-LAW (1-877-442-7552)
