Conspiracy to Possess, Dispense, or Distribute a Controlled Substance
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United States Drug Conspiracy Defense Lawyer

U.S. DEA registration defense lawyer for drug conspiracy investigations

Attorneys for Medical Providers in the U.S. Accused of Conspiracy to Possess, Dispense, or Distribute Controlled Substances

The use of controlled substances is closely regulated in the United States, and the Drug Enforcement Administration (DEA) is always on the lookout for the illegal possession, manufacture, or distribution of drugs. The DEA often performs investigations of medical providers who are suspected of drug diversion or drug trafficking, and it may take action to suspend or revoke a certificate of registration that allows a provider to handle controlled substances. However, medical professionals should also be aware that they could face consequences even if they have not directly handled or distributed controlled substances. Those who are accused of conspiracy to possess, dispense, or distribute a controlled substance should be represented by an attorney who has extensive experience addressing matters related to the DEA.

The Law Offices of Joseph J. Bogdan, LLC provides skilled and dedicated legal help to medical professionals who are facing DEA enforcement actions. We work with physicians, physician assistants, nurses and nurse practitioners, dentists, pharmacies, and others who work with controlled substances, helping them defend their DEA registration while avoiding penalties that could impact their professional licenses, their provider status with insurance companies, and their board certification.

Understanding Drug Conspiracy Charges

The Federal Controlled Substances Act (CSA) makes it illegal to knowingly or intentionally manufacture, distribute, dispense, or possess a controlled substance without authorization. A medical provider who violates the CSA will likely face the suspension or revocation of their authorization to prescribe or dispense controlled substances or the denial of a renewal of their DEA registration. A DEA investigation may also lead to federal criminal charges, and a conviction will usually carry a mandatory minimum prison sentence.

The CSA also states that if a person engages in a conspiracy to manufacture, distribute, or dispense controlled substances, they may face the same charges as they would for actually committing an offense. A conspiracy involves an agreement between two or more people to commit illegal acts. This means that a provider could face consequences even if they do not actually possess a controlled substance or if they were not the person who illegally, prescribed, distributed, or dispensed drugs. Some examples of situations in which a medical professional may face accusations of conspiracy to possess, distribute, or dispense controlled substances include:

  • A doctor takes payment in return for issuing illegitimate prescriptions for controlled substances to patients.
  • A pharmacy agrees to fill prescriptions for controlled substances issued by a certain doctor without verifying that they are medically necessary.
  • A pharmacy dispenses controlled substances based on prescriptions that are known to be fraudulent.
  • A medical office or pharmacy falsifies records to cover up the theft of controlled substances from its inventory.

If criminal charges are brought against a person suspected of drug conspiracies, prosecutors must meet a high burden of proof to show that they intended to commit illegal acts. However, in cases where the DEA issues an Order to Show Cause with the intent to suspend, revoke, or deny a person's controlled substance registration, it will have a lower burden of proof for showing that continued authorization to work with controlled substances would not be in the public interest.

Contact Our United States DEA Investigation Lawyers

Even if you are not formally charged with a crime, accusations that you have participated in a conspiracy to possess, distribute, or dispense controlled substances can result in the loss of your DEA registration and other consequences that affect your ability to practice medicine. The Law Offices of Joseph J. Bogdan, LLC can help you defend against these accusations, including providing you with representation in DEA administrative hearings, and we will fight to make sure you can maintain your authorization to work with controlled substances. To set up your complimentary consultation, contact us at 630-310-1267.

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