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Federal Prescription Drug Fraud: DEA Investigations

November 26, 2025

Federal Prescription Drug Fraud: DEA Investigations

Prescription drug fraud cases sit at the intersection of healthcare enforcement and drug trafficking prosecution. Whether your a doctor accused of overprescribing, a pharmacist charged with diversion, a patient prosecuted for doctor shopping, or someone involved in illegal distribution of prescription medications, these cases carry federal drug trafficking penalties that can mean decades in prison.

The DEA has made prescription drug diversion a major enforcement priority. Healthcare providers, pharmacies, and individuals face aggressive prosecution under the same statutes that govern heroin and cocaine trafficking.

How Prescription Drugs Become Federal Trafficking Charges

Prescription controlled substances—oxycodone, hydrocodone, fentanyl, Adderall, Xanax—are Schedule II-IV drugs under federal law. Distributing them outside legitimate medical practice constitutes drug trafficking under 21 U.S.C. § 841.

For healthcare providers, the key question is whether prescriptions were issued “for a legitimate medical purpose” by someone “acting in the usual course of professional practice.” Prescriptions that fall outside these bounds are treated identically to street drug sales.

Pill Mill Prosecutions

Doctors and clinics that prescribe excessive controlled substances face “pill mill” prosecution. The goverment looks for red flags: cash-only payments, no physical exams, prescribing without medical records, patients traveling long distances, prescriptions exceeding medical necessity.

These cases carry devastating penalties because pill quantities convert to enormous drug weights. A doctor who wrote prescriptions for thousands of pills faces quantity calculations that trigger mandatory minimums and life imprisonment possibilities.

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Doctor Shopping and Patient Prosecutions

Patients who obtain prescriptions from multiple doctors without disclosure face federal charges. Lying to obtain controlled substances violates 21 U.S.C. § 843(a)(3). Accumulated quantities can trigger trafficking charges.

The goverment uses prescription drug monitoring programs (PDMPs) to identify patterns. Interstate doctor shopping especially attracts federal attention.

Pharmacy Diversion

Pharmacists who divert controlled substances face both licensing consequences and federal prosecution. This includes filling fraudulent prescriptions, stealing from pharmacy stock, or operating “rogue pharmacies” that distribute outside legitimate channels.

Defense Strategies

Legitimate medical practice: For healthcare providers, establishing prescriptions were medically justified defeats trafficking charges. Expert medical testimony is essential.

Quantity challenges: Pill-to-weight conversions can be challenged. Not all pills should count equally.

Knowledge: Did you know prescriptions were fraudulent? Did pharmacist have reason to know doctor was acting improperly?

Addiction as mitigation: For patients, addiction often drives behavior. While not a defense, it can affect sentencing.

Get Help Now

Federal prescription drug fraud cases carry full drug trafficking penalties. Healthcare licenses, careers, and freedom are at stake. You need defense that understands both healthcare regulation and federal criminal law.

Call today. We’re here 24/7.

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Todd Spodek

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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