News & Analysis as of

Controlled Substances Act Criminal Prosecution Department of Justice (DOJ)

Bradley Arant Boult Cummings LLP

No Funny Business: The Supreme Court Should Get Sirois

As you might have guessed from the title of this post, we are returning to cover new developments in the United States v. Sirois case. A few months ago, the First Circuit released an opinion that we discussed in an earlier...more

Mintz - Health Care Viewpoints

EnforceMintz — Novel Criminal Charges and Emerging Civil Trends from Opioid Enforcement in 2024

In past years we have discussed how opioid-related enforcement efforts have remained a top federal and state priority (here, here, and here). In 2024, opioid-related enforcement efforts continued across the entire opioid...more

Mintz - Health Care Viewpoints

EnforceMintz — Telemedicine Enforcement: Trends in 2024 Suggest More Sophisticated Enforcement to Come in 2025

The Department of Justice (DOJ) and the Office of the Inspector General for the Department of Health and Human Services (OIG) have historically focused their virtual health care enforcement efforts on “traditional”...more

Oberheiden P.C.

U.S. Supreme Court Overturns Doctors’ Opioid Convictions in Ruan v. United States, Paving the Way for Additional Appeals

Oberheiden P.C. on

On June 27, 2022, the U.S. Supreme Court issued an important decision for doctors who have been convicted of violating the federal Controlled Substances Act in connection with the nation’s opioid crisis. In Ruan v. United...more

Butler Snow LLP

Criminal Liability of Pharmaceutical Executives Under the Controlled Substances Act

Butler Snow LLP on

Civil lawsuits are an unavoidable and expected consequence of operating in a heavily regulated industry. While CEOs and other pharmaceutical executives may lose sleep over the outcome of civil trials and the potential...more

Mintz - Health Care Viewpoints

Health Care Enforcement Year-in-Review and 2020 Outlook: Criminal Case Developments

As discussed in our article recently published by Law360, criminal health care enforcement in 2019 was in many ways a continuation of 2018, with opioid-related enforcement continuing to be the clear top priority for the...more

WilmerHale

Insys Ruling Casts Doubt on DOJ Opioid Investigations

WilmerHale on

On May 2, 2019, a jury sitting in the District of Massachusetts convicted five senior executives of Insys Therapeutics, Inc. (Insys) with racketeering conspiracy in violation of Title 18, United States Code, Section 1962(d)....more

Troutman Pepper Locke

DOJ Files Unprecedented Criminal Charges Against Opioid Distributor and Two Executives

Troutman Pepper Locke on

On April 23, federal prosecutors announced the first-ever felony charges against a drug distributor — Rochester Drug Co-Operative, Inc. (RDC) — and two of its executives for illegally distributing opioid painkillers....more

Dorsey & Whitney LLP

DOJ Levels False Claims Act at Pharmacies to Combat Opioid Crisis

Dorsey & Whitney LLP on

This month the Department of Justice brought a “first of its kind” action against two pharmacies, their owner, and three pharmacists for allegedly dispensing and billing Medicare for prescriptions in violation of both the...more

Littler

Potential Immigration Consequences For Workers And Investors In The Canadian Cannabis Industry

Littler on

Canada legalized the recreational use of marijuana effective October 17, 2018. Although many American states have loosened their marijuana restrictions, including those on the U.S.-Canada border like Washington, Michigan, and...more

Womble Bond Dickinson

Cannabis Advertising

Womble Bond Dickinson on

On January 4th, Attorney General Jeff Sessions took a big step backward. He announced that the Department of Justice rescinded the " Cole Memo " and other internal enforcement guidelines, issued under the Obama Administration...more

Buchalter

Cannabis, Cash, and Crime

Buchalter on

ON OCTOBER 2, 2012, kidnappers robbed and abducted a marijuana dispensary owner from his Newport Beach home. They then drove him to the Mojave Desert where they tortured him and demanded that he reveal where he had buried his...more

Mintz - Health Care Viewpoints

Federal Enforcement Actions Continue to Focus on Opioid-Related Misconduct

As we predicted in our year-end post on civil and criminal enforcement trends, 2018 is already off to strong start in opioid-related enforcement against individual providers and associated practices. Earlier this month, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Attorney General Jeff Sessions Reverses Course on Marijuana Enforcement

On January 4, 2018, Attorney General Jeff Sessions reversed the Department of Justice’s (DOJ) position on enforcement of federal marijuana laws. Under the Obama administration, the DOJ adopted a hands-off approach to...more

Stinson LLP

Attorney General Sessions' Rescission of DOJ Marijuana Guidance Signals Uncertainty for the Marijuana Industry

Stinson LLP on

On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded all of the prior Obama-era Department of Justice (DOJ) marijuana-related guidance, including the so-called “Cole Memo.” That guidance had provided...more

Fisher Phillips

Chronic Dispute: What The Sessions Marijuana Memo Means For Employers

Fisher Phillips on

Attorney General Jeff Sessions issued a one-page memorandum on December 4th, rescinding Obama-era guidance that had allowed states to legalize medical and recreational marijuana with marginal federal interference, eliminating...more

Holland & Knight LLP

DOJ Reverses Course on Marijuana Enforcement

Holland & Knight LLP on

The U.S. Department of Justice released a memorandum on December 4th, directing all U.S. Attorneys to use their prosecutorial discretion to enforce the Controlled Substances Act (CSA) of 1970 with respect to the cultivation,...more

Mintz - Health Care Viewpoints

Sessions Memo Resets Federal Marijuana Enforcement Policy

The U. S. Department of Justice (DOJ) issued a memo dated January 4, 2018 regarding federal marijuana enforcement policy, directing all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established...more

Burr & Forman

Burr Alert: Part II: White Collar Courier: Delivering News and Providing Guidance in White Collar Matters

Burr & Forman on

In part one of this series, I detailed how the U.S. Department of Justice has focused its attention on the aggressive investigation and prosecution of “pill mill” cases. See “Part One: DOJ Devotes Resources, Vows to Come...more

Burr & Forman

Burr Alert: Part I: White Collar Courier: Delivering News and Providing Guidance in White Collar Matters

Burr & Forman on

Before joining Burr & Forman, I was a federal prosecutor for a little over a decade focusing on health care fraud and general white collar matters. In that role, I was a member of a prosecution team that secured guilty...more

Foster Garvey PC

What Should the Medical Marijuana Industry Prepare For If the New Rider Is Not in the Next Appropriations Bill in September?

Foster Garvey PC on

The House Appropriations Committee released the 2017 Omnibus Appropriations bill on May 1 as part of the fiscal year. Congress decided to continue the 2015 rider[1] that prohibits the Department of Justice from spending funds...more

Foster Garvey PC

What Would "Greater Enforcement" Mean for Washington's Cannabis Businesses?

Foster Garvey PC on

Justice Department has options to crack down, but may galvanize the push for even wider legalization - In statements that were perhaps inevitable but nonetheless surprising to the cannabis industry, White House Press...more

Cozen O'Connor

Ninth Circuit Enjoins DOJ from Prosecuting Medical Marijuana Growers, But Future Uncertain

Cozen O'Connor on

On August 16, 2016, the Ninth Circuit made an unexpected decision — it enjoined a federal criminal prosecution against medical marijuana growers in the Ninth Circuit. In the published opinion1, the three-judge panel (Justices...more

Pullman & Comley, LLC

Health Care Physicians in the Crosshairs: Criminal Prosecution

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Recent changes to our health care system have been at the forefront of the American news cycle for several years. But certain aspects have not received adequate attention. One example is the scrutiny federal and state...more

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