criminal or civil case and the punishment I have an example and I am looking for most likely outcome of legal process. Before talking the example, I first tell another story in order to have a comparison. Story: a dentist prescribed controled substance (mostly strong pain killer) when his DEA license expired. He was found by DEA and was facing felony charge. He gave up legal right of challenging the charge. In the end, he agreed with suspension of dental license (for short period) as discipline action. He wasn't fined or asked to pay other money. Now, the example is about a dentist called Dr. F. Dr. F owns a couple dental businesses. He hired other dentists as contractors to treat patients. Some of these contractors does not have DEA license (may be disciplined like the dentist in the above story). Dr. F used his own DEA licens to prescribe controled substance to the patients treated by his contractors. He did this kind of thing for years. When Dr. F sold his dental businsess. The buyer discovered the problem and now DEA office is investigating Dr.F. How the question is what charge Dr. F is likely to get. Comparing to the dentist in the above story, it appears Dr. F may have his DEA license suspended. Will he be facing felony charge and be jailed? Or will he be fine for his conduct?
Most of the patients Dr. F handled are in government healthcare system (Medicare/Medicaid). Dr. F billed Medicare/Medicaid on behalf of the dentist contractors who do not have appropriate credential to treat patients from Medicare/Medicaid. I asked attorney general office in that state. I was told Dr. F is more likely to get education correction instead of criminal charges. They said Dr. F's conduct is quite common. But DEA office seems more aggressive in this investigation and lay charges.
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
Thanks. It is easy to prove Dr. F didn't see patients.
I think the controled substance are those for teeth pain which is need to full mouth teeth extraction. The potential punishment sounds very scary. But given the story of the other dentist who prescribed DEA with his expired DEA license as I mentioned and the punishment (a couple of months of dental license suspension and 3+ years of DEA license suspension) I agree the DEA may not pursue criminal charges in the end. Could the DEA seek money damage or fine him? If so, how that could be?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).