NYC Drug Diversion Lawyers
Drug diversion is a serious crime which can result in both professional and legal ramifications. Drug diversion is known as the misappropriation of prescription medication without legal authorization. If accused, you could face professional consequences and jail time. It’s because of the seriousness of the issue – that you need to hire a professional New York drug diversion law firm like Raiser & Kenniff, PC, who can defend you. The most common example of drug diversion is when a physician writes a prescription for narcotics without medical necessity, or when a nurse diverts medication from a pyxis machine. Drug diversion allegations are serious in nature – and can lead to criminal charges if/when state and federal authorities are contacted. There are a number of state and federal investigators who can be brought into the picture. State licensing investigations, the DEA, the New York Narcotics Enforcement Teams, and the FBI can all get involved.
What happens after you’re caught
If it’s determined that the drugs you diverted are being sold across state lines, your case quickly becomes a federal case. If you face an allegation of drug diversion, your case will also be referred to the state licensing board – and then an investigator will be assigned to your case. The investigator will call you after the investigation has been completed. We highly recommend you never meet with an investigator with an attorney on your side. If you are facing a complex drug diversion allegation, the NYC drug diversion attorney you hire is more important than the allegation. Without proper defense – you will find yourself losing everything. After the state investigator concludes his, or her, investigation – the case is going to be referred to the local police, state police, and the Attorney General’s office. Regardless of whether the state chooses to pursue criminal charges – the investigation will be forwarded to the licensing board – who will determine if a formal complaint is going to be issued. If a formal complaint is filed accusing you of drug diversion – your case will follow the complaint process.
Federal DEA Drug Diversion Investigation
The DEA office of diversion control was setup exclusively to combat egregious cases of drug diversion by physicians, and other healthcare providers. The DEA will investigate and assist the DOJ in order to indite physicians, and other healthcare providers involved, who participated in the diversion – in violation of the CSA(Controlled Substances Act). After the DEA concludes their investigation, the DOJ then determines if Federal prosecution is needed – or whether the state prosecutors and state licensing board is the appropriate party. In the course of the DEA investigation, undercover officers/patients will be sent to you/your practice, in order to obtain narcotics for “less than legitimate needs.” Sometimes they will approach existing patients – and coerce their cooperation, and have them visit the practice while being recorded. After the DEA establishes their case, they will raid your practice with the local authorities and FBI. Needless to say, you’re going to suffer from negative media coverage. During the raid, they’ll try to get statements from you and others in your practice that will be used against you later. We highly recommend you not make a statement to DEA agents without the advise and help of a knowledgable drug diversion attorney in New York. By the time you’re raided, the DEA and DOJ have found enough evidence to charge all the people at the practice – in most cases, an indictment may be already issued but remains under seal. It’s crucial you obtain quality legal help when you are under investigation. If you hire an attorney, he/she can advise you on potential issues which may be used as evidence against you later.
Don’t make statements
Even if you aren’t facing criminal charges, you may be referred to a prosecutor during, or after, the state licensing proceedings. Criminal charges stemming from drug diversion are very common. Often, all mid level providers, ranging from doctors, nurses, to pharmacists – need to be cautious since they can be criminally charged. If you get a state letter of investigation for drug diversion, you need to be careful not to make any statements. Those statements can be used against you later.
We can help
Our healthcare law firm has experience representing countless physicians, pharmacists, and other providers in a wide array of drug diversion allegations. Our experience range from federal indictments to minor license infractions. Our lawyers regularly represent doctors, nurses, and pharmacists who have been accused of drug diversion. Our attorneys help healthcare providers at all stages of the drug diversion legal process, including representing providers when they are speaking to investigators, defending providers in their board hearings, administrative hearings, fighting license suspensions, and even handling the federal case against you. We can also assist healthcare providers who are accused of drug diversion by an employer. We do this by working with the employer to resolve the issue before it’s reported to the board.
Our one and only goal is to help you regain control of your life. We fight allegations as early as possible to prevent formal action and discipline. We are able to have allegations dismissed at an investigation level, if we are contacted before you speak to the investigator.
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I made an honest mistake and accidently dropped medication somewhere. When I went to find it, it was gone. They accused me of diverting the medicine. I was about to lose my future, but R+K helped me fix it all!