Criminal Defense of Professionals

Frances Cullen, PC helps to protect your license, your livelihood, your career, and your reputation if you are arrested or charged with a crime. As a professional with a license to protect, there is an advantage in hiring a Criminal Defense Attorney who is experienced in criminal defense but who also fully knows the potential consequences and impact of a conviction on a professional’s career.

A plea to any crime can impact your professional license, with the potential for disciplinary action, suspension or revocation. Certain crimes require the imposition of a three-month license suspension.

Additionally, criminal convictions can jeopardize employment, hospital privileges and credentialing, specialty board certification, and membership in professional organizations. There may also be consequences in losing the ability to provide services under insurance contracts and, with certain crimes, a provider can be placed on an Exclusions List by the Office of Inspector General (OIG), and barred from being able to bill under all Federally insured programs, including Medicare & Medicaid. A report to the National Practitioner Data Bank (NPDB) is another possible consequence.

Frances Cullen, PC has extensive experience in the representation of professionals for a wide range of Federal and State criminal charges, including Medicare and Medicaid fraud, violation of § O.C.G.A. 16-13-30 et seq. (Violation of the Georgia Controlled Substances Act), as well as allegations of theft and tax evasion.

Violation of the Georgia Controlled Substances Act – VGCSA
Drug Related Crimes & Addiction

In representing a substantial number of professionals who have faced criminal charges related to substance abuse and/or addiction, Frances Cullen has provided legal representation for the complete range of drug diversion crimes and charges related to the ordering and writing of improper prescriptions.

Representation has been provided before Federal and State Courts, before the Drug Enforcement Agency (DEA), before Georgia Drugs & Narcotics (GDNA), and with subsequent meetings and actions taken by professional licensing boards and professional credentialing bodies. Frances Cullen, PC has successfully negotiated the settlement of numerous cases brought by Federal and State agencies to limit the potential damage to a professional career.

Medicare & Medicaid Fraud

Physicians and other healthcare providers must take great care to comply with state and Federal regulations, and to protect themselves against accusations of healthcare fraud.

Practitioners and healthcare offices will want to ensure that their medical billings are correctly coded to avoid a potential action by Medicare, Medicaid (the Department of Community Health – DCH) and/or private insurance companies seeking recoupment for paid claims. Recoupment actions are often initiated years after the fact, so it is important for healthcare providers to generate complete medical records and educate themselves about correct billing practices. Frances Cullen can assist you with these tasks proactively and if you suspect a potential review by Medicare, Medicaid (DCH) or another insurance company.

Pain Management

You may be a respected physician or pharmacist with years of experience and become the target of a criminal investigation. Owners of Pain Clinics, the doctors who work in Pain Clinics, and pharmacies and pharmacists that fill prescriptions for Pain Clinic patients, may be charged by State and Federal authorities or become the target of a governmental investigation.

There is an increasing problem in this country for patients who cannot obtain sufficient treatment for pain and the targeting of healthcare providers who are willing to treat patients with ongoing pain issues.

There are many ways to protect yourself from overzealous State and Federal authorities. An experienced criminal attorney familiar with Pain Clinic issues can formulate a plan to keep you safe and protect you from false accusations.

As the State of Florida enforces strict regulations targeting Pain Clinics, more Pain Clinics have opened in the State of Georgia. Georgia is also formulating new laws and rules to address Pain Clinics and target healthcare professionals working with these difficult patients.

If you are the target of a State or Federal criminal investigation regarding a Pain Clinic or potential distribution, trafficking, RICO charges or other criminal charges, you should immediately contact Frances Cullen, PC.

Representative Cases

In a Federal criminal case, Frances Cullen, PC represented an impaired physician who distributed a large number of illegal prescriptions. The government initially sought to charge him with numerous violations of Federal controlled substances laws, including prescribing and conspiracy offenses. Frances Cullen, PC negotiated a plea agreement to a reduced the charge to a limited drug amount, thereby bringing the Federal Sentencing Guidelines offense level down and, at sentencing, pled for a further reduction, which was granted.

Frances Cullen, PC has consulted with numerous criminal defense attorneys and pharmacists regarding creative sentencing options in cases involving physicians charged with controlled substance violations. In some instances, the advice provided by Frances Cullen, PC enabled the client to enter a plea, which upon successful completion of terms, fully disposed of the case by alternative sentencing without a conviction.

In a most unusual case, Frances Cullen, PC successfully prevented criminal prosecution of a physician accused of stalking. After several years of cooperating with prosecutors and investigators across multiple metro counties, we were able to provide evidence sufficient to arrest the complainant who had perpetrated the crime while purporting to be its victim.

Frances Cullen, PC has successfully negotiated with the Drug Enforcement Agency (DEA) in regard to the imposition of more favorable terms when a physician is compelled to enter into a Memorandum of Agreement in order to keep their Drug Enforcement Agency (DEA) prescribing privileges.

In numerous cases, Frances Cullen, PC has smoothed the process to enable applicants for a DEA permit to more easily obtain a right to prescribe controlled substances.

Contact Frances Cullen, PC

If you are a physician, dentist, pharmacist, psychologist, or other healthcare provider under investigation by a governmental agency, with claims that could lead to criminal charges, or you are currently the subject of a criminal investigation or charge, Frances Cullen can help you defend yourself against these charges, including but not limited to:

• Healthcare fraud
• Medicare and Medicaid fraud
• Violation of the Georgia Controlled Substances Act (VGCSA) – Drug Charges
• Improper coding or billing
• Accepting kickbacks
• False medical claims

You need a law firm experienced in defending professionals against these kinds of charges because criminal convictions and plea agreements can result in severe collateral consequences and substantial settlement payments.

Contact Frances Cullen, PC

Contact Frances Cullen as soon as possible if you are a physician or other healthcare provider and you suspect you may be facing a criminal charge, or civil investigation or prosecution by Medicare or Medicaid (Department of Community Health – DCH), or you are under investigation by Georgia Drugs and Narcotics (GDNA), or you have been subject to other investigations or arrest.

Don’t risk your license and your livelihood, and settle for any lawyer when you can call Frances Cullen, PC to retain an attorney experienced in both criminal defense and the issues unique to licensed professionals

Proviso: Due to the professional stature of my clients and the sensitive nature of the issues that are the subject of these matters, client names are not provided for these cases.