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DEA Drug Diversion Lawyers

The Rise of Drug Diversion and Government Oversight

The upswing in opioid abuse has also led to an increase in criminal cases involving prescription medications. New laws and government oversight have far-reaching implications for patients who legitimately need treatment for severe or chronic pain and their doctors. It also means closer scrutiny of those suspected of illegal drug diversion.

Understanding Drug Diversion

Put simply, drug diversion is the illegal use, trading, or sale of prescription medications. Any misuse of a prescription or prescribed medicine could be considered drug diversion. That includes abusing your own medications or giving them to someone else. This is a serious crime, and any charge of drug diversion means that you need a lawyer who’s experienced in this area of law.

Types of Drug Diversion

The various types of drug diversion include:

  • Doctor shopping: This is the practice of going from doctor to doctor in an attempt to get multiple prescriptions under false pretenses. The DEA follows such individuals closely.
  • Selling prescription drugs: When you sell your prescriptions or medication, even if they’re legally prescribed to you, you’re engaging in illicit drug trafficking.
  • Online pharmaceutical sales: This has become a booming industry, especially from countries that have fewer restrictions over controlled substances. Individuals set up rogue pharmacies online in order to sell medications that are tightly regulated in the United States to patients without a legal prescription. They originate across borders to avoid state and federal regulations.
  • Drug theft: Stealing a controlled substance from a manufacturing plant, robbing a pharmacy or medical facility, or stealing them from a legal prescription holder.
  • Prescription fraud: This can involve anything from using someone else’s prescription to stealing prescription pads from a doctor’s office or clinic and forging a prescription.
  • Illicit prescribing: Part of DEA oversight includes monitoring doctors who prescribe medically unnecessary medications or who write an unusually large number of prescriptions for commonly abused medications. Such medical practitioners are suspected of running an illegal ‘pill mill’.

DEA Red Flag Investigations

Due to the sheer number of potential sources for drug diversion, the Drug Enforcement Agency (DEA) has developed a warning system to alert them to possible abuses. Rather than relying on informants, the DEA uses what are called ‘red flag’ indicators to identify doctors, nurses, pharmacists and others along the supply chain for further scrutiny.

Doctors may be unaware of DEA scrutiny or the fact that some of their practices are considered red flag indicators until their practice is raided. A drug diversion lawyer from Spodek Law Group can audit your practice for indicators and devise changes to help you meet compliance. Here are some things that could draw attention to your office.

Examples of Red Flag Indicators

Implications for Drug Manufacturers, Medical Practitioners, and Pharmacists

All doctors and pharmacists have a duty to report any suspicious behavior from staff or patients. Under the Affordable Care Act, practices suspected of engaging in drug diversion could have Medicaid reimbursement suspended. They may also be terminated from participation in Medicaid or Medicare. Anyone found guilty of drug diversion faces fines, restitution, imprisonment, and loss of their medical or pharmaceutical license. You’re also legally required to report suspected drug diversion, thefts, break-ins, or missing medications to the DEA.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
TaĂŻko Beauty
TaĂŻko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

DEA Diversion Lawyers in New York

If you’ve been charged with a drug diversion crime in New York, contact the Spodek Law Group right away. Just like family, we’ll be there for you no matter what. You’ll receive a free initial consultation about your case, and we’re available 24/7.

Understanding DEA Drug Diversion and Its Consequences

The illegal distribution and abuse of prescription drugs is referred to as drug diversion. The experienced attorneys at Spodek Law Group understand the laws regarding DEA drug diversion, which makes them vital in a case like this. It should be noted that drug diversion also includes any use that deviates from what the prescriber intended. Diversion of prescription drugs could happen at any distribution point such as when it is manufactured, transferred, sits in a pharmacy, or is given to the patient.

Common Types of Drug Diversion

There are a number of drug diversions that are normally enacted, which are the following:

–Prescription drug sale:

DEA officers investigate individuals who are suspected of selling drugs that were purchased legally.

–Doctor trade:

DEA agents also pay attention to individuals who try to get different doctors to prescribe controlled substances using questionable methods.

–Illegitimate online pharmacies:

Illegal online entities escape regulations and sell prescription drugs with no prescription.

–Prescription theft:

Prescription drugs are stolen at any point in the supply chain and are a major source of problems for the DEA, especially now when the country is experiencing a major addiction epidemic.

–Pad theft:

Many people steal or print prescription pads to get these drugs.

–Pill mills:

The DEA tracks provider’s behavior for suspicious prescribing if they seem excessive or unnecessary.

Ways to Prevent This Issue

As any good lawyer will say, like those working at the Spodek Law Group, the best way to stay out of trouble is to find ways to prevent it. Drug diversion is preventable if certain precautions are made.

Taking active steps to prevent prescription drug abuse is vital because many families are being destroyed due to addiction. Some people are overdosing while others are turning to crime to get the drugs they are addicted to and that is no good.

Consequences for Drug Diversion

The following are some consequences that one might face:

–Mediaid and Medicare can terminate or suspend payments to doctors who have broken these laws or are suspected of breaking the laws.

–Drug diversion is a felony in most states, so you can be put in prison and be forced to pay a number of fines.

–Sanctions can be imposed as well as other actions, such as recoupment or the suspension of your license.

Several states have been taking different actions to try to figure out how to deal with drug diversion. It is an illegal market that continues to cause problems throughout the country, including New York. This is one reason why DEA investigators have been busy throughout the country, mostly focusing on the health care representatives themselves since many have been found fulfilling prescriptions that shouldn’t have been completed.

Charges and Legal Assistance

Those who were charged with drug diversion could be facing serious criminal charges. Some people could be facing state licensing problems, which can have a major effect on your life. No matter what consequences you are facing, you need to make sure you have the right lawyer on your side. This is where the Spodek Law Group can be of some assistance. Physicians, nurses, and pharmacists are usually the people charged with these types of crimes. These professions help others in many ways, and it would be a shame if you did not fight for your livelihood. Consult one of the experienced attorneys at Spodek Law Group as soon as you can.

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