DEA lawyers and drug diversion investigators will investigate physicians, pharmacists and prescribing nurses if they believe a prescription drug crime has occurred, i.e., a prescription was written or dispensed without a “legitimate medical purpose.” Beware, however, that the legitimate medical purpose legal standard is often misapplied by DEA lawyers and drug diversion investigators. If you are facing an investigation by the DEA, Eli Stutsman may be able to help.
A common mistake by DEA lawyers when investigating doctors
When investigating prescription drug crimes, the phrase “legitimate medical purpose” is often conflated by DEA lawyers and drug diversion investigators with the civil standard of care. When this happens, the burden of proof for a criminal conviction has been lowered to the civil standard of care and, consequently, there will usually be more counts listed in the indictment. If this same mistake is continued at trial and sentencing, there will usually be more courts of conviction, more relevant conduct, and therefore much longer prison sentences. Do not let this happen to you. A violation of the civil standard of care, without more, is not a prescription drug crime. Rather, a violation of the civil standard of care amounts to “professional negligence,” or “medical malpractice.” More is needed to constitute a prescription drug crime, also referred to as unlawful prescribing, unlawful dispensing, drug diversion, or prescribing without a legitimate medical purpose.
Against the DEA, lawyer has broad experience gained across the country
If you are a doctor, pharmacist, or prescribing nursed under investigation or charged with prescription drug crimes by the DEA, lawyer Eli Stutsman has experience defending drug diversion cases on appeal to the Third, Fourth, Seventh, and Ninth Circuits arising out of 13 states, including Indiana, South Carolina, Arizona, Oregon, Virginia, Georgia, Pennsylvania, Florida, Hawaii, Texas, Connecticut, California and Michigan. All cases involved doctors and/or pharmacists, threatened with or convicted, of prescription drug crimes, i.e., drug diversion, or prescribing without a legitimate medical purpose.
An array of services available to you
Lawyer Eli Stutsman is available to you during trial and on appeal. He has helped doctors remain “free on bail,” before and after sentencing, and while their case is on appeal. He has further secured the release of two doctors from prison that were sentenced to five and 15 sentences for prescription drug crimes, i.e., drug diversion, or prescribing without a legitimate medical purpose. Finally, he has obtained significant sentencing reductions for doctors convicted of prescription drug crimes, i.e., prescribing without a legitimate medical purpose, or drug diversion. To learn more about his practice, call 503.274.4048.