2808 Cole Avenue, Suite 1000, Dallas TX 75204
(855) 337-6836

Compounding Pharmacy Fraud Defense Lawyer

Compounding Pharmacy Fraud Defense Attorney

(855) 337-6836

Our law firm defends individuals in investigations and cases pertaining to compounding pharmacies across the United States. With the increase in demand for personalized drugs, the risk of fraud and government scrutiny has increased correspondingly.

In addition to the risk of civil charges, fraud by those involved with compounding pharmacies also may risk federal felony charges which can lead to financial penalties and even prison time. These risks require attorneys like ours who know the federal health care laws and who have years of experience defending clients in such situations.

While the most obvious forms of compounding fraud are violations of the Anti-Kickback statute and false billing situations, the United States Government also is looking for pharmacies which are adding ingredients or changing the compound used by the patient simply to increase the pharmacy’s financial compensation. Some of the other recent situations of compounding pharmacy fraud include:

  • Creating a “new” drug, although the drug is mostly a combination of relatively inexpensive pharmaceutical ingredients, and then getting a brand new National Drug Code. Since the compounding pharmacy is the one which controls the “new drug” it often decides to set its own price, and that leads to situations for fraud when the price is exorbinant relative to the ingredients used
  • Some compound pharmacies have employed telemarketers to get patient information which then enters the patient into an automatic/recurring billing situation for which the patient actually doesn’t need the compounded medicine. This is especially true for the telemarketing companies which targeted U.S. Military members and others under the TRICARE system
  • Situations such as a physician prescribing compounded pain and scar creams for out-of-state patients, especially those with whom the doctors had no lawful relationship, tend to attract government scrutiny
  • Physicians who prescribed a high volume of drugs and then received various “fees” from compounding pharmacies, such as fees for “research” or speaking engagements, tend to attract government scrutiny
  • Even marketing firms or other independent contractors who receive a percentage of the claims could be in violation of the Anti-Kickback statute and not protected by Safe Harbor laws
  • Issues which could fall under the False Claims Act
  • Several other scenarios could fall under the topic of compounding fraud

We have years of experience successfully defending clients who are investigated in matters pertaining to compounding pharmacy and related health care fraud by the:

  • Department of Labor (DOL)
  • Department of Justice (DOJ)
  • Drug Enforcement Agency (DEA)
  • FBI
  • Food and Drug Administration (FDA)
  • Department for Health and Human Services (HHS)
  • Office of Inspector General (OIG)
  • Possibly other government agencies if other violations have occurred

Professionals who are subject to the civil and criminal investigations include, but are not limited to:

  • Founders and owners of the compounding pharmacies
  • C-level executives (CEO, COO, etc.)
  • Pharmacists
  • Those employed in a marketing capacity
  • Management and even employees
  • Those who were involved in the referrals
  • Possibly other parties

When you e-mail us today at (855) 337-6836 you will deal with attorneys (including a former prosecutor) to determine strategies for possible case dismissal. We also can help you determine if a subpoena is intended for civil or criminal charges, and we can represent you if federal agents appear at your location to talk with your employees. False statements to federal officers can lead to other charges, so you will want experienced legal counsel to represent and guide you during these kinds of situations.

We also are experienced trial lawyers who have successfully defended clients in compounding pharmacy and other health care fraud cases. Should you go to trial then you will want a legal team who knows how to give you the best chances of getting your situation dismissed. Our experience in understanding the pharmacy billing claims process, as well as what the government is seeking in these cases, may benefit you in your particular situation.

Recent News Stories About Federal Investigations Pertaining To Compounding Pharmacies