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Prescription drug diversion conspiracies are aggressively investigated and prosecuted in federal court. Diversion means the prescription drugs were legally obtained through a prescription but then diverted and sold to others to whom they weren’t prescribed. Typical defendants in these cases include doctors, pharmacists, owners and employees of medical clinics and individuals who actually obtain the prescriptions and then provide them to another for compensation. If you’re facing charges or feel like you’re under investigation, speak with a drug crimes lawyer immediately.
The FBI, DEA, and ATF are federal law enforcement agencies that typically perform the investigations of these alleged conspiracies. It’s common practice for them to use controlled informants and perform video and audio surveillance using information from persons who have already been busted in return for a lesser sentence. If you believe you’re under investigation or you’ve already been charged, immediately retain a knowledgeable drug trafficking lawyer in Michigan right away.
Facing prescription drug trafficking charges? Unhappy with your current attorney? Request a free consultation now.
Investigators also look for certain prescribing patterns commonly used by physicians that prescribe controlled substances outside the course of legitimate medical practice, and pharmacies dispensing these controlled substances outside legitimate pharmacy practice. The patterns include…
Federal law enforcement can easily receive this data through MAPS – Michigan Automated Prescription System. MAPS records all the information regarding all prescriptions filled in Michigan, including the doctor information, assigned DEA number, pharmacy, all patient information, drug, dosage, date filled, quantity, and refills.
Facing prescription drug trafficking charges? Unhappy with your current attorney? Request a free consultation now.
MAPS requires all pharmacies to report on a monthly basis all controlled substance prescriptions filled at their pharmacy. These reports must be submitted to MAPS by the 15th day of the following month in which the prescriptions were filled. MAPS is sortable using any of those categories which makes it easy for law enforcement to establish patterns.
Investigators often look for “prescription parties,” “pill parties,” or “signing parties” held at private residences of people known as “patient recruiters.” The patient recruiter would gather a group of patients for a physician to see all at one time to prescribe controlled substances at once.
Facing prescription drug trafficking charges? Unhappy with your current attorney? Request a free consultation now.
The most popular diverted prescription drugs are the opiate-based painkillers which include OPANA, Oxycodone, Oxycodone Hydrochloride (HCL), Oxycontin, Roxicodone, Vicodin, Lortab, and Lorcet. Other popular street drugs include benzodiazepines such as Alprazolam, commonly known as Zanax, and codeine cough syrup.
Medicare and health care fraud are oftentimes investigated and indicted at the same time as doctors provide medical services that are not “reasonable and necessary” to treat Medicare-eligible patients and prescribe them controlled substances, which are then diverted. At the same time, Medicare is fraudulently billed.
Penalties for convictions in federal court for distribution of controlled substances are dependent upon the number of grams for certain substances or the number of pills or units for others. For instance, Oxycodone is a Schedule II controlled substance. The maximum strength is 40 milligrams. If an offense involved 50,000 pills or units at 40 milligrams each, the base offense level would be 16 and start at 21 months in prison.
This doesn’t include additions to the base offense level for aggravating factors such as prior criminal record, injury to another, use of a dangerous weapon or violence, use of an aircraft, involvement of minors, or played a lead role in the offense. Mitigating circumstances mandating a reduction to the base offense level include playing a minor role, having no criminal record, not having a weapon, and no injuries.
Facing prescription drug trafficking charges? Unhappy with your current attorney? Request a free consultation now.
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