Compounding Pharmacy Defense
The attorneys at Stumphauzer & Sloman have extensive experience defending government investigations of compounding pharmacies. Indeed, our attorneys have defended several compounding pharmacies throughout the nation on civil and criminal matters, and have also defended prescribing physicians, pharmacists-in-charge, marketing companies, individual marketing agents and telemedicine companies that have come under government scrutiny because of their roles in distribution of compounded pain creams and scar creams. With such a wealth of experience in defending compounding pharmacies and related individuals and entities, the attorneys at Stumphauzer & Sloman are able to quickly identify the specific fact patterns and circumstances that triggered government scrutiny, and we can craft unique and comprehensive defense strategies to address each of the government’s prosecution theories.
When defending against government investigations of compounding pharmacies, we also draw upon more than 30 years of combined experience as former federal prosecutors. Partner Jeff Sloman formerly served as the United States Attorney for the Southern District of Florida, which has been labeled “ground zero” for Medicare fraud. Partner Ryan Stumphauzer is also a former federal prosecutor and served as the Health Care Fraud Coordinator for the Southern District of Florida, where he supervised Miami’s Medicare Fraud Strike Force. Together, Mr. Sloman and Mr. Stumphauzer have personally handled or supervised hundreds of health care fraud investigations, from grand jury investigation through jury trial and sentencing. As a result, we can offer unique insight regarding the government’s investigative priorities, techniques and strategies, as well as the most effective defenses and strategies for avoiding devastating government penalties.
The Department of Justice has publicly announced that it will vigorously and relentlessly investigate compounding pharmacies, and will pursue civil and criminal charges against pharmacy owners, pharmacists, marketers, telemedicine companies and others involved in the distribution of compounded pain creams, scar creams and other compounded formulations. Indeed, the government contends that the Department of Defense’s Tricare program was defrauded of more than $2 billion, primarily for compounded pain creams and scar creams. The government’s focus on compounding pharmacy prosecutions was further intensified when the Wall Street Journal, Fortune Magazine and CBS Nightly News published a series of investigative reports and video exposé stories related to compounding pharmacy fraud. You can view some of these stories below.
As a result of the devastating losses to the Tricare program, and the intense media scrutiny that followed, the government has dedicated an unparalleled level of resources to compounding pharmacy investigations and prosecutions. Several pharmacy owners, pharmacists, marketing agents and others have faced devastating criminal charges, crippling civil fines and exclusion from federal health care programs. The government has several prosecution theories, and the following circumstances are likely to trigger government scrutiny:
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