In recent years, we have seen an increase in the number of cases involving allegations of fraud against compound pharmacies. The Department of Justice (DOJ) has made it clear that it is focusing its investigative efforts on compound pharmacy fraud, and the Office of the Inspector General (OIG), the Department of Health and Human Services (DHHS), the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA) and the Food and Drug Administration (FDA) are all actively pursuing compound pharmacy fraud cases, as well.
There are currently no signs of government’s civil and criminal enforcement efforts slowing down, and our experience tells us that the government will continue to focus on combating compound pharmacy fraud for the foreseeable future.
Examples of Compound Pharmacy Fraud Investigations
Some of the most common allegations against compound pharmacies include paying kickbacks, overbilling, billing for unnecessary medications, and providing automatic on-going refills. The following are two real-life examples of the government’s ongoing efforts to prosecute compound pharmacy fraud:
- The owner of a compounding pharmacy in New Jersey, Prescriptions R U.S., pled guilty to paying bribes and kickbacks to physicians in exchange for referrals for pain cream prescriptions, which the government alleged resulted in hundreds of thousands of dollars of fraudulent receipts from federal healthcare programs. The owner was sentenced to 20 months in prison, and ordered to pay more than $3 million in fines.
- Prosecutors indicted 15 defendants in a case involving an alleged scheme to overbill the California workers’ compensation system by more than $100 million for compound pain cream. The government’s attorneys also alleged that one defendant had paid doctors, chiropractors, and pharmacists approximately $25 million in kickbacks for referrals.
Why Choose Oberheiden & McMurrey, LLP
These examples, and the government’s ongoing efforts to combat compound pharmacy fraud, demonstrate just how important it is to hire lawyers who have mastered the complexities of the federal and state healthcare systems, and who understand how to defend against unjust healthcare fraud allegations.
Why should you choose Oberheiden & McMurrey, LLP?
1. Industry Knowledge
The former prosecutors and experienced criminal defense attorneys at Oberheiden & McMurrey, LLP represent clients in compound pharmacy fraud cases nationwide. In addition to defending clients in healthcare fraud cases, we also assist compound pharmacies across the United States in legally structuring their businesses. This has allowed us to become intimately familiar with the nuances of the compound pharmacy industry. Our experience includes assisting clients with:
- Pharmacy Kickback Defense
- Pharmacy Healthcare Fraud 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 close to 500,000 billed pharmacy claims. If you have been accused of overbilling or paying kickbacks, you need lawyers who have a thorough understanding of the compound pharmacy industry, and who can use that understanding to get your case dismissed.
2. Government Experience
One of our unique strengths is our team approach. At Oberheiden & McMurrey, LLP, all cases are handled by former federal prosecutors and managing partner, Dr. Nick Oberheiden. All of our attorneys have extensive experience in healthcare fraud investigations.
3. Civil, Not Criminal
Our main priority is to keep investigations civil, not criminal. We aim to convince the government that any errors on the part of our clients were not malicious or intentional, but simple and honest accidental oversights. This strategy has proven extremely effective for obtaining confidential monetary recoupment agreements, and helping our clients avoid criminal prosecutions.
4. Our Track Record
We have successfully defended individual and corporate healthcare providers in OIG, DEA, FDA, and FBI investigations across the country. Learn more in our Success Stories.
Contact Oberheiden & McMurrey, LLP Today
To find out more about what we can do to defend you against allegations of compound pharmacy fraud, schedule your free case evaluation with our federal defense team. Call us at (800) 701-7249 or contact us online to get started on your defense today.
This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.