A physician was indicted on federal charges that he illegally dispensed prescription narcotics to three patients. The physician was charged with 17 counts of illegally dispensing Oxycodone and/or Alprazolam in an indictment returned by a federal grand jury. According to the indictment, the physician dispensed Oxycodone and Alprazolam outside the scope of professional practice and without a legitimate medical purpose to three different patients on 17 occasions. The physician’s medical license was suspended and he surrendered his DEA registration after federal and local authorities executed a search warrant at his office and he was arrested. He now faces a maximum penalty of 20 years in prison and a $1 million fine on each count. Medical professionals need to understand that the government has tremendous resources on its side. In this case, for example, the investigation was conducted by the Office of the United States Attorney, the Federal Bureau of Investigation, the Drug Enforcement Administration, the U.S. Department of Health and Human Services Office of Inspector General, and the local Police Department. If you are under investigation or have been charged with a crime, you should contact a criminal defense attorney who focuses on controlled substances and other healthcare related crimes. To arrange a free initial consultation, call John Howley, Esq. at (212) 601-2728. John Howley, Esq. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact our law offices and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. I practice law and offer legal services only in jurisdictions where I am properly authorized to do so. I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules.
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A physician who purchased Botox® from an unlicensed foreign wholesaler faces up to five years in prison after pleading guilty to felony charges. The doctor received faxes from a foreign drug wholesaler that offered low prices for prescription drugs, including “Botox (Turkish)” for $354.99 a vial. At the time, the FDA-approved version of Botox® was sold through licensed drug wholesalers in the United States for about $525 a vial. According to the government, the physician made at least 50 separate purchases of the counterfeit drugs from the foreign wholesaler, which he provided patients without informing them of the source. When special agents investigators from the U.S. Food and Drug Administration (FDA) questioned the physician, he told the agents he had only made three purchases from the unlicensed foreign wholesaler. This was a big mistake. Making a false statement to a federal agent is a felony that carries a penalty of up to five years in prison and fines up to $250,000. It also results in immediate exclusion from Medicaid, Medicare and other government programs. While it may have been difficult to for the government prove that the physician knew that the drugs were counterfeit or had actually used them to treat patients, the number of purchases could easily be proved with the physician’s own bank and credit card records. If government agents ask to speak with you, remember this. You have the right to remain silent and the right to legal counsel. Do not give up those rights. Tell the agents politely that you want to speak with your lawyer. Then call an experienced Medicare and Medicaid fraud defense attorney immediately. To arrange a free initial consultation, call John Howley, Esq. at (212) 601-2728. John Howley, Esq. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact our law offices and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. I practice law and offer legal services only in jurisdictions where I am properly authorized to do so. I do not seek to represent anyone in any jurisdiction where this web site does not comply with applicable laws and bar rules. |
John Howley, Esq.
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