Kristina Giyaur, Esq.

Protecting Your Pharmacy Practice: Navigating Criminal Investigations and Prosecutions

 As a pharmacy provider, you play a crucial role in safeguarding public health and well-being. However, you may also face the risk of criminal investigations and prosecutions due to complex regulations, evolving healthcare practices, and potential misunderstandings. At MDRXLaw – Sauchik & Giyaur, P.C., we are committed to providing comprehensive legal representation to pharmacy providers, ensuring that your rights and interests are protected throughout the criminal justice process.

Types of Criminal Cases Faced by Pharmacy Providers

Pharmacy providers may encounter a range of criminal charges, including:

  • Fraud and False Claims: Allegations of billing for services not rendered, submitting false prescription claims, or engaging in kickback schemes.

  • Drug Diversion: Accusations of diverting controlled substances for illegal use or distribution.

  • Recordkeeping Violations: Failure to maintain accurate and complete medication records as mandated by law.

Our Services for Pharmacy Providers

At MDRXLaw, our experienced team of attorneys is well-versed in defending pharmacy providers in criminal matters. We provide a comprehensive range of services to protect pharmacy providers facing criminal investigations and prosecutions:

  • Preemptive Counseling: We advise pharmacy providers on proactive measures to minimize legal risks, ensuring compliance with regulations and ethical standards.

  • Responses to Investigative Requests and Subpoenas: Developing a strategic plan is essential.  Our attorneys work closely with clients to formulate a response strategy, considering factors such as whether to comply, challenge, or negotiate the scope of the subpoena. In cases where compliance is deemed appropriate, attorneys guide clients on the proper and lawful ways to respond to investigative requests and subpoenas. This may involve providing the requested documents, records, or testimony while ensuring compliance with legal requirements and protections.  We also assist clients with challenging the validity or scope of subpoenas if there are grounds to do so. This can involve filing motions to quash or modify subpoenas based on legal, procedural, or constitutional grounds.  We frequently engage in negotiations with prosecutors to seek modifications or limitations on the scope of the subpoena. This can involve discussions to protect privileged information, limit the production of documents, or negotiate the terms of witness testimony.

  • Negotiations with Authorities: We represent pharmacy providers in negotiations with law enforcement agencies, striving to avoid formal charges or minimize penalties. 

  • Aggressive Defense in Court: If formal charges are filed, we provide unwavering representation in court, advocating for the dismissal of charges, acquittal, or favorable sentencing. If a client is called to testify before the grand jury, attorneys provide representation during the proceedings. This includes advising on the scope of questioning, asserting legal privileges, and ensuring that the client’s rights are protected throughout the process.

Why Choose MDRXLaw?

When facing criminal charges, it is crucial to have experienced legal representation that understands the unique challenges faced by pharmacy providers.  Working with our firm offers several key advantages:

  • Deep Expertise in Pharmacy Law: Our attorneys possess in-depth knowledge of pharmacy regulations, healthcare laws, and criminal defense strategies.

  • Proven Track Record: We have a successful history of representing pharmacy providers in criminal investigations and prosecutions.

  • Personalized Attention: We provide personalized attention to each client, ensuring that your case receives the utmost care and consideration.

  • Compassionate Advocacy: We understand the stress and anxiety associated with criminal charges, and we provide compassionate support throughout the legal process.

  • Thourough understanding of pharmacy issues to ensure the best defense in criminal investigations and prosecutions
  • Engaging with investigators and prosecutorial agencies to address issues in preliminary stages and throughout the entire investigatory and prosecutorial process
  • Negotiate plea agreements and deferred prosecution agreements