Diversion investigators perform demanding jobs and must meet certain medical and physical requirements to ensure they are able to perform all the duties of the job. Applicants will be required to obtain a qualifying medical examination to determine physical and mental fitness and must be free of any impairment that would interfere with normal work performance.
Depth perception and ability to distinguish shades of color color plate test are essential. Candidates must be able to hear conversational voice a distance of 20 feet with both ears. The use of a hearing aid is permissible. In cases spanning federal districts across the country, dozens of physicians have been indicted and formally charged with felony offenses for deviating from the accepted standards of medicine when it comes to authorizing controlled pain medications. The two main categories of criminal charges in the context of opioid offenses are violations of the Controlled Substances Act and general healthcare fraud.
In addition to these more classic healthcare fraud charges, New York physicians can also be charged with tax fraud, another federal felony, if the physicians, for example, collected cash payments from their patients and did not fully report the cash amounts in their tax returns as income.
But New York prosecutors have gone even a step further! In more extreme cases, where a patient under the care of a physician had died of an overdose, New York prosecutors have begun to charge such physician defendants with homicide. While such charge may sound absurd, the reality is that about 90 people die in the U. Each of these statutes constitutes a felony, which means any guilty plea or conviction at trial would mean the end of your professional career, the loss of your license , and a substantial likelihood of imprisonment.
Help is available. Get prominent DEA defense attorney Dr. The least desirable way is to experience federal agents come to your office with a search warrant to search and seize evidence of alleged crimes such as patient files, financial records, and tax returns.
Although this sledgehammer approach is becoming more common in New York, traditional white-collar investigations often begin with a DEA patient record subpoena or a grand jury subpoena asking for various documents relevant to your pain management practice. If you received a government subpoena, are going through a commercial insurance audit with respect to pain patients, or were served a target letter, you should immediately consult with an experienced attorney like Nick Oberheiden at to discuss a defense strategy to end the investigation before it turns into a real criminal matter.
Even though you may think you have not done anything wrong and sitting down for an interview is not a big deal, think again. Answering questions of a federal agent is like testifying in federal court. If you hold back information, you may commit a federal felony. If you lie, you may commit a federal felony. If you misrepresent by describing matters in your favor, you may commit a federal felony.
You will never be able to undo the words you speak to the agents in that moment of surprise. New York and other states along the east coast currently experience an unprecedented number of DEA search warrants against doctors and pharmacies.
If you are going through this, please call Nick Oberheiden right away. What you need to understand that the basis of a search warrant is that a federal magistrate judge saw probable cause that you committed a crime as a prerequisite to authorize a search and seizure warrant. In other words, you are now in the middle of a criminal case and we need to fight for your license, reputation, and your freedom. Customs and Border Protection, U. Secret Service, U.
Fiddelman and Kedar S. Bhatia are in charge of the prosecution. The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty. You are here U. Department of Justice.
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