Compound Pharmacy Fraud Defense Attorneys
Why have thousands of clients chosen Oberheiden P.C.?
- Only Sr. Attorneys– We don’t employ paralegals, Jr. Attorneys, or Secretaries. You will work directly with a Sr. Attorney who will keep you updated regarding the details of your case. We Know The Government’s Playbook– Many of our attorneys worked as federal prosecutors. Understanding the government’s tricks, goals, and strategies gives us an advantage in preparing your defense.
- We Know The Government’s Playbook– Many of our attorneys worked as federal prosecutors. Understanding the government’s tricks, goals, and strategies gives us an advantage in preparing your defense.
- We Have Secret Weapons– Our team of former FBI, IRS, DEA, OIG, and Secret Service agents have the experience to uncover important details. These details can make the difference between success and jail time.
- Unrivaled Results– With many tools at hand, our greatest asset is a marked experience fighting the government. Such expertise has given us the privilege of winning over 2,000 cases for our clients.
I encourage you to compare our experience, results, and team with any local or national firm.
Having defended clients as long as we have, there’s no trick, no tactic, and no strategy we haven’t encountered.
If your reputation, livelihood, freedom, or career is at stake, call us today for a free consultation.
We will help you understand options for the best path forward.
Call now to confidentially discuss the details of your case: 888-680-1745
Dr. Nick Oberheiden
Defending Compound Pharmacy Fraud Charges Across the US
Contact Nick directlyCompounding pharmacies are on the rise as many pharmacists see the need for personalized, patient-specific drugs. In compounding, a pharmacist can adjust dosages for children, remove allergens like gluten, and change the form of a medication for those with difficulty taking oral medications. However, as use increases, so does the government’s attention to possible fraud.
Fraud is not only a serious civil allegation; it may constitute a federal felony. Monetary liabilities can be enormous, and the government may also seek prison time. That you can be accountable for compound pharmacy fraud should prompt you to invest time and resources in a strategic and thoughtful defense plan.
Oberheiden, P.C. is team of former federal prosecutors and experienced defense counsel. If you receive an OIG subpoena, are a target of government investigation, or contacted by agents, you should call 1-800-810-0259 now.
We will assess your case for free. Find out what former federal prosecutors think about your case!
What Is Compounding Fraud?
U.S. Attorneys regularly execute criminal search warrants regarding compound pharmacies. The most common fraud for compound pharmacies is billing for each ingredient in a compound formulation. The government often alleges needless ingredients were added to the compound. The purpose being to increase remuneration for the pharmacy.
The government may file fraud charges for kickbacks, overbilling, billing for unneeded products, and providing automatic on-going refills. Mass compounding or producing compound drugs identical to commercially available alternatives can count as fraud as well.
What Are the Penalties?
The government investigates pharmacy and compound pharmacy fraud under the False Claims Act and the general Healthcare Fraud Provision. The government may seek reimbursements and fines in a civil case. Criminal cases mean indictment and prosecution with criminal penalties and/or imprisonment.
18 U.S.C. Sect. 1347 (Healthcare Fraud)(a) Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice—(1) to defraud any healthcare benefit program; or(2) to obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by, or under the custody or control of, any healthcare benefit program,
in connection with the delivery of or payment for healthcare benefits, items, or services, shall be fined under this title or imprisoned not more than 10 years, or both. If the violation results in serious bodily injury (as defined in section 1365 of this title), such person shall be fined under this title or imprisoned not more than 20 years, or both; and if the violation results in death, such person shall be fined under this title, or imprisoned for any term of years or for life, or both.
(b) With respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation of this section.
If found guilty, targets of investigations may be exposed to recoupment requests, non-payment of future claims, civil fines, exclusion from federal healthcare programs, treble damages, attorney fees, criminal fines, criminal indictment, or incarceration in a federal prison.
31 U.S.C. Sect. 3729 et seq. (False Claims Act)
- a) Liability for Certain Acts.—
(1) In general.— Subject to paragraph (2), any person who—
(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);
is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 104–410 [1] ), plus 3 times the amount of damages which the Government sustains because of the act of that person.
Liability does NOT require a specific intent to violate the law. The government does not need to prove actual knowledge of the transaction’s wrongfulness. The mere fact that incorrect claims were submitted is enough to hold the company responsible.
What Happens In a Fraud Investigation?
Many cases begin with receipt of a subpoena issued by the Office of Inspector General (OIG). The subpoena generally requests documents like company records, financials, marketing agreements, and business relationships. The request may at first seem harmless. The risk with these subpoenas is in not clearly indicating if the case is civil or criminal in nature. An experienced OIG defense lawyer can often tell if the document request is for a civil or criminal case.
In the alternative, agents from DEA or FTA or FBI show up at the door and ask to speak with employees or staff. Such request could be based on a presented search warrant or simply as part of a general inquiry. It is absolutely paramount to remain polite but to insist on the right to have an attorney present. Federal agents are trained to interview people and to gather information. Questions may appear innocent and general, but nonetheless the true background and the context of the questions remain unknown. Agents tend to ask questions, not to answer them.
Either way, it is vital to hire the team at Oberheiden, P.C.. Many situations turn into cases because of mistakes made in the initial stage of an inquiry. Harm from answering questions or providing documents without regard to proper procedure and constitutional rights can seldom be undone. When the government contacts you, call us first at 1-800-810-0259. It’s your right to have legal representation in these matters.
Who Is Investigated?
Compound Pharmacy Fraud exposes providers and business owners. Laws apply when directly or indirectly contracting with or receiving payment for services from the United States government.
- Business Owners
- CEOs & COOs
- Physician Owners
- Physician Referrals
- Pharmacists
- Employees & Marketers
- Financial Experts like CFO
Contact Oberheiden, P.C. online today.
Our Experience in the Pharmacy Industry
With respect to pharmacies and compound pharmacies, Dr. Oberheiden and his team advise pharmacy entities, CEOs, CFOs, allied physicians, pharmacists, and senior management. Our experience stretches coast to coast. From New York, New Jersey, Florida and Ohio to Texas, Louisiana, Oklahoma, Michigan, Missouri, and California, we are here for you.
Our vast experience allows us to combine pharmacy law experience with trial and defense experience. For example, we have set up and assisted with:
- Pharmacy Kickback Defense
- Pharmacy HealthcareFraud Defense
- Pharmacy DEA Audit Assistance
- Pharmacy DEA Show Cause Preparation
- Pharmacy Diversion Conflict
- Pharmacy DEA Licensing Issues
- Purchases of State and DEA Licensing
Our attorneys have analyzed, reviewed, and defended hundreds of thousands of billed pharmacy claims. When accused of fraud, you need lawyers who know the pharmacy industry’s legal requirements. Lawyers who have the experience to get your case dismissed.
How To Get In Touch With Us
We pride ourselves on how available we are to our clients. From the moment you call us, you will speak with lawyers, never secretaries or paralegals. Your call will be promptly connected to a member of our team.
Our Track Record (Fraud Defense)
- Defense of Medicare entity against investigations by the Department of Justice and the U.S. Attorney’s Office for alleged Medicare Fraud.
Result: No civil or criminal liability, case dismissed. - Defense of a healthcare services company against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged False Claims Act and Stark Law violations.
Result: No civil or criminal liability, case dismissed. - Defense of Medicare laboratory against investigations by the Department of Health and Human Services and the Office of Inspector General for alleged Healthcare Fraud.
Result: No civil or criminal liability, case dismissed. - Defense of nationally operating healthcare company against an investigation by the Department of Defense for alleged Tricare fraud.
Result: No civil or criminal liability, case dismissed. - Defense of healthcare marketing company against an investigation by the Office of Inspector General for alleged False Claims Act and Medicare violations.
Result: No civil or criminal liability, case dismissed. - Defense of a laboratory against an investigation by various branches of the federal government for alleged fraud.
Result: No civil or criminal liability, case dismissed. - Defense of physician owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations.
Result: No civil or criminal liability, case dismissed. - Defense of a physician owned entity against an investigation by the Office of Inspector General for alleged fraud.
Result: No civil or criminal liability, case dismissed. - Defense of a physician owned entity against an investigation by the Department of Justice for alleged fraud.
Result: No civil or criminal liability, case dismissed. - Defense of a physician owned entity against an investigation by the Office of Inspector General for alleged Stark Law violations.
Result: No civil or criminal liability, case dismissed. - Defense of a physician owned entity against an investigation by the Office of Inspector General for alleged False Claims Act violations.
Result: No civil or criminal liability, case dismissed. - Defense of a physician owned entity against an investigation by various branches of the federal government for alleged False Claims Act, Stark Law, and Medicare violations.
Result: No civil or criminal liability, case dismissed. - Defense of a physician owned entity against an investigation by the Office of Inspector General for alleged fraud.
Result: No civil or criminal liability, case dismissed. - Defense of a physician owned entity against an investigation by the Department of Defense for alleged Tricare fraud.
Result: No civil or criminal liability, case dismissed. - Defense of a physician owned entity against an investigation by the Department of Justice for alleged Medicare Fraud.
Result: No civil or criminal liability, case dismissed. - Defense of physician owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations.
Result: No civil or criminal liability, case dismissed. - Defense of healthcare management organization against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged Medicare Fraud.
Result: No civil or criminal liability, case dismissed. - Defense of nationally operating laboratory against an investigation by the Office of Inspector General for alleged fraud.
Result: No civil or criminal liability, case dismissed.