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Pharmacies under Attack
Recently, the federal government has been escalating its investigations into compound pharmacies. In fact, the Department of Justice (DOJ) has openly acknowledged that they are currently focusing their attention on these types of pharmacies. This new era of investigations into compound pharmacies is characterized by a national effort of various law enforcement agencies and the government’s pursuance of criminal indictments in addition to civil penalties. In the cases that we have been involved in, agents and government attorneys from the Department of Health and Human Services (DHHS), the Office of the Inspector General (OIG), the Drug Enforcement Agency (DEA), the Federal Bureau of Investigation (FBI), and the Food and Drug Administration (FDA) are in charge. There is no indication that these prosecutions will subside in the near future; to the contrary, our experience leads us to believe that such investigations will continue to increase as the government remains focused on compound pharmacies.
Reported Examples
- In February 2016, the owners of a Dallas medical marketing firm that promoted pain and scar creams on behalf of compounding pharmacies were indicted for allegedly violating federal anti-kickback laws. The owners stand accused of defrauding Tricare out of millions of dollars in connection with a scheme that involved payment of kickbacks both to physicians for prescribing the creams and patients for obtaining and filling the prescriptions. http://www.dallasnews.com/news/crime/2016/02/24/drug-compounders-marketing-firm-busted-for-alleged-massive-health-care-fraud-involving-doctor-kickbacks/
- In 2015, prosecutors reached a civil settlement with four Florida pharmacies for $12.8 million for claims involving pain and scar creams and gels and Medicare charges. The U.S. Attorney has vowed to continue pursuing criminal charges against the owners of the pharmacies. http://dailycaller.com/2015/11/09/medicare-pharmacy-fraud-reaches-epidemic-levels-prosecutors-open-investigations-in-four-states/
Government investigations into compound pharmacies often involve scrutiny for overbilling or billing for unnecessary products, paying kickbacks to physicians, and providing refills that were not requested.
Our Experience
At Oberheiden, P.C., our experienced defense counsel and former federal prosecutors routinely receive calls from clients around the country for assistance in their times of need. The strength of the firm is based on three prongs: our industry knowledge, our government experience, and our ability to keep investigations from becoming criminal.
- Nick Oberheiden has successfully defended healthcare executives, physicians, and pharmacies against kickback, prescription fraud, false claims, and fraud allegations before the Office of Inspector General (OIG), Department of Justice (DOJ), Department of Defense (DOD), IRS, FBI, DEA, and other agencies. He is trained in negotiations by Harvard Law School and he received his Juris Doctor from UCLA School of Law as well as a PhD in law from the University of Heidelberg.
- Lynette S. Byrd is a former federal prosecutor with extensive experience with civil and criminal healthcare investigations. At the U.S. Attorney’s Office, Ms. Byrd conducted False Claims Act, Stark Law, and Anti-Kickback prosecutions on behalf of the United States and she is now sharing her government insights with her clients in need of effective defense attorneys.
Our Track Record
Oberheiden, P.C. has represented hundreds of individual and corporate healthcare providers in OIG, DEA, FDA, and FBI investigations in Texas and throughout the country. Our Texas-based team of former prosecutors and experienced defense attorneys have successfully defended clients in East Texas against charges of healthcare fraud, Tricare fraud, Medicare fraud, pharmacy fraud, and Department of Labor (DOL) fraud allegations.
If you are facing an investigation or charges of healthcare fraud, you should contact us immediately to find out how a former chief healthcare prosecutor from the U.S. Attorney’s Office assesses your case.
Listed below are some of our recent case results and the outcomes we achieved for our clients:
- Healthcare Fraud
Result: No criminal charges.
- Healthcare Fraud
Result: No criminal charges.
- Healthcare Fraud
Result: No criminal charges.
- Healthcare Fraud
Result: No criminal charges.
- Healthcare Fraud
Result: No criminal charges.
- Healthcare Fraud
Result: No criminal charges.
- Healthcare Fraud
Result: No criminal charges.
- Healthcare Fraud
Result: No criminal charges.
- Healthcare Fraud
Result: No criminal charges.
Free Consultation
If you would like to talk to someone who understands how to effectively defend against government investigations, you should consult with former federal prosecutor Lynette S. Byrd of Oberheiden, P.C. All inquiries are free and confidential.
Criminal Defense – Healthcare Law – Litigation
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