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The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

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NY Drug Diversion Attorneys

New York Drug Diversion Attorneys Drug Diversion By Physicians

At Spodek Law Group our defense attorneys represent physicians who have been accused of drug diversion on local and federal levels.

Drug diversion in the medical profession is a serious issue that essentially is unlawful distribution or abuse of prescription drugs.

Drug diversion can occur at every step of the way the drugs take from the manufacturer to the patient, from the initial distribution from the manufacturer to the wholesaler, from the wholesaler to the pharmacy, and from the pharmacy to the patient.

Federal law makes it illegal to distribute prescribed drugs for any reason other than their intended purpose. Any deviation from this can transform a physician into a drug dealer.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

There are two types of scenarios in which physicians may be involved in drug diversion. The first situation occurs when a physician knowingly distributes or prescribes certain drugs for illicit purposes.

The second scenario is when the physician acts unknowingly. For many physicians, specifically those in pain management practices, there is often a blurred line that makes it difficult to see when a patient is a drug seeker or genuinely requires pain medication.

What Are the Most Common Types of Drug Diversion by Physicians?

One of the most egregious types of drug diversion committed by physicians and other healthcare professionals is selling prescription drugs. Many of these cases result in criminal prosecution, loss of medical license, and other penalties.

Pill mills are another common problem. Here, doctors prescribe unnecessarily large quantities of drugs.

A more common problem is prescribing controlled substances in cases the DEA considers medically unnecessary. Another common issue is physicians who abuse narcotics.

Drug Diversion and Medicaid/Medicare

Physicians involved in drug diversion, particularly in illicit prescription of drugs may be submitting false statements and making false claims to government programs such as medicaid and Medicare. This can and does result not only in criminal charges brought against the physicians but also permanent exclusion from Medicaid and Medicare.

What To Do If You Are Investigated For Drug Diversion

Physicians can be investigated for drug diversion by numerous agencies with various potential consequences. You can be investigated by the local licensing board, by local law enforcement, or by a federal agency such as the DEA Drug Diversion, the OIG, the HHS, and the FBI.

Regardless of which agency you are dealing with , it is crucially important to seek legal advice before speaking with any of them or before submitting any documents they may request.

At Spodek Law Group we have represented numerous healthcare practitioners nationwide in drug diversion and other matters. Call us today to discuss your case if you are a NY physician facing drug diversion issues.

New York DEA Diversion Attorneys

DEA Office of Diversion Control is the agency created to investigated, prevent, and prosecute the diversion of controlled substances by healthcare providers. According to the government data, most drug abuse issues result from legitimately manufactured drugs, which are diverted from their indented use into illegal drug trafficking.

DEA Diversion investigations usually involve physicians who sell prescriptions, pharmacists who falsify records to sell the drugs; employees who steal drugs from inventory and falsify orders to cover illegal sales, drug abusers who forge prescriptions, and armed robberies of pharmacies and drug distributors.

A physician who proscribes a controlled substance where there is legitimate medical need is providing medical services. However, if there is no medical need for the narcotic’s use, the provider is diverting it, which essentially makes him a drug dealer. The question is: who and how determines medical necessity. While DEA is actively seeking out health care providers who engage in unlawful activities such as selling prescriptions for controlled substances, we have seen many cases where the overly zealous DEA arbitrarily went after healthcare providers who were just doing their job.

At Spodek Law Group we have represented numerous healthcare professionals such as physicians, physician’s assistants, and pharmacies in DEA diversion investigations.

The fact is that many legitimately produced pharmaceuticals, including narcotics, depressants, and stimulants are often used for illicit purposes and are commonly abused. The government keeps a tight lid on the import, export, manufacturing, or distribution of all controlled substances. Any business involved in these activities as well as any physician or health professional licensed to dispense, administer, or prescribe controlled substance, and any pharmacy DEAling with prescriptions for controlled substances must register with the DEA.

The federal controlled substances laws works closely with state controlled substance laws. Therefore, DEA works together with state professional licensing boards and local law enforcement. In our experience, most diversion investigations are conducted by local law enforcement. Some cases, usually more serious matters would be investigated by DEA agents.

One common scenario the DEA will get involve in is when a state board revokes the practitioner’s license. Since only licensed practitioners are authorized to administer or proscribe controlled substances, the DEA will ask the provider to voluntary surrender his or her DEA registration. If the practitioner refuses, then the DEA will file an administrative action to revoke the DEA registration. The DEA may also take an action in cases with ample evidence of illegal distribution or serious failure to keep proper records.

Another common situation is when the DEA takes an action to enforce compliance with the law. If there is evidence of failure to comply with the law, the DEA will take a “corrective administrative action”, such as a Letter of Admonition, or an informal hearing. In some situations, the DEA may even pursue criminal action.

We have seen healthcare providers triggering a DEA investigation by failure to control controlled substances and failure to guard against diversion. Federal law requires that all registered health care providers provide effective controls and institute procedures to guard against theft and diversion of controlled substances. The law actually provides a number of factors to determine whether the providers exercise adequate control. These include the location of the premises, security, the type of storage, control of public access to the facility, availability of alarm, etc. The idea is that providers are obligated to provide adequate security to protect theft and diversion of drugs.

Providers must be careful about who they hire as they may be responsible for the consequences. Those who were convicted of drug crimes, had their DEA applications denied, revoked, or surrendered may not be   hired to have access to any controlled substances.

Registrants should not employ as an agent or employee who has access to controlled substances:

  1. Any person who has been convicted of a felony offense related to controlled substances
  2. Any person who has been denied a DEA registration
  3. Any person who has had a DEA registration revoked
  4. Any person who has surrendered a DEA registration for cause

We recommend our clients to take extra steps to ensure compliance with these laws. For example, we recommend physicians to keep all prescription blanks in a locked safe place and not carry them around. We suggest that doctors who write scripts for controlled substances actually write out the amount prescribed in addition to just writing the number. No one should be signing prescription blanks in advance. Physicians and pharmacists should communicate to verify prescription orders.

If you are subject to the DEA investigation or action in New York or New Jersey, you need an experienced attorney to advise you. Call our office today to speak with an experienced NY  drug diversion defense attorney at Spodek Law Group

Criminal charges for Drug Diversion in New York

In New York, a charge of Criminal Diversion of Prescription Medications and Prescriptions is a highly serious legal matter, which should be taken with all due concern.

If you are charged with this crime in the first degree, you may face up to 15 years in prison, while the lowest degree of this crime – the fourth degree bears a penalty of up to one year in jail. Thus, there is a wide range in terms of the severity of possible penalties.

One factor that affects the level of the crime is the amount of money exchanged during the criminal diversion: the higher the amount, the more serious the offense.

However, the crux of each criminal diversion case will be the issue of the “criminal diversion act.”

In order to prove that you actually performed a criminal diversion act, the prosecution must show that you transferred, delivered or received, in exchange for anything of pecuniary value, a prescription medication or device, with the knowledge or reasonable grounds to believe that the recipient, seller, or transferor has no medical need for it or is not authorized by law to transfer or sell it. Another way prosecutors establish a “criminal diversion act” is by proving merely that you transferred or received a prescription in exchange for something of pecuniary value.

On the other hand, New York law does carve out some exceptions to this statute. For example, the provisions of this statute do not apply to licensed physicians or other health care professionals. Further, a pharmacist acting in “good faith” is not subject to this offense or a person acting in “good faith” seeking treatment or assisting an individual seeking treatment. Acting in “good faith’ does not have a cut and dried definition, but, generally is taken to mean that the defendant in fact believed that the person he sold or gave the prescription to had a real medical need for it.

The charges of criminal diversion may be accompanied by charges of insurance fraud or Medicaid or Medicare fraud if the prescription is illegally filled and paid for with private or government insurance.

If you have been charged with criminal diversion of prescriptions and/or related charges in New York, you should retain an experienced criminal defense attorney, who will be able to use his knowledge and expertise to obtain the best possible disposition in your case.

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