Operating A Pill Mill Clinic

FEDERAL CRIMES – OPERATING A PILL MILL CLINIC

The Controlled Substances Act (CSA) governs the manufacture, distribution, and dispensing of controlled substances in the United States. The CSA sets forth which drugs and other substances are defined by law as “controlled substances”, and assigns those controlled substances to one of five schedules
(Schedule I,II,III,IV, or V) depending on their potential for abuse, likelihood of physical or psychological dependency, accepted medical use, and accepted safety for use under medical supervision.

A controlled substance assigned to Schedule II means that the drug has a high potential for abuse, the drug has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions.

Hydrocodone is classified as a Schedule II controlled substance. Hydrocodone is sometimes prescribed under brand names including Norco, Lortab, and Vicodin. It is used to treat severe pain and as with other opioids, it is highly addictive.

Chapter 21 of the Code of Federal Regulations governs the issuance of prescriptions and provides, among other things, that a prescription for a controlled substance “must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice.”

A “Pill Mill” is a fake medical clinic, or front. It is set up for the purpose of illegally issuing prescriptions for pain killers, like Vicodin. The federal government actively investigates suspected pill mills. It is not unusual for the federal government to indict and prosecute individuals who are allegedly involved in pill mill clinics. I have defended a number of clients charged in federal court with operating pill mills.

Anyone who knowingly aids a pill mill in illegally distributing controlled substances is subject to federal criminal prosecution. Individuals who conspire to operate a pill mill clinic are typically charged with Conspiracy to Unlawfully Distribute and Dispense Controlled Substances under 21 U.S.C. Section 846. The penalties for being involved with a pill mill can be very severe.

There are a number of ways a person might be charged with conspiring to operate a pill mill clinic. For example:

  • Where individuals without a medical license or DEA Registration allegedly pose as doctors in an effort to assist the Pill Mill clinic in its operation;
  • Where doctors allegedly prescribe controlled substances without a legitimate medical purpose and outside the scope of professional practice;
  • Where individuals, pretending to be patients, allegedly pay a fee to obtain a prescription even though there is no legitimate medical necessity for the issuance of the prescription;
  • Where individuals allegedly recruit drug addicts to act as patients to obtain large amounts of controlled substances, where there is no legitimate medical need for the issuance of the prescription;
  • Where doctors allegedly sign prescriptions in blank to be used by the Pill Mill to illegally sell controlled substances;
  • Where doctors or other individuals allegedly complete fake documentation for a non-existent or phony patient’s file in order to justify prescriptions issued.

DEFENSES TO CONSPIRING TO OPERATE A PILL MILL CLINIC

Every client should have the facts of his case carefully analyzed. There are defenses to Pill Mill cases. For example, a person may work at a pill mill, believing that the pill mill is a legitimate medical clinic. Most pill mills look like legitimate clinics and some employees may work at such a place without ever knowingly joining a conspiracy. This defense may apply to different people who work in a clinic.

The law does allow for legitimate pain management clinics. There are requirements that must be met to operate a legitimate pain management clinic. An employee may believe that they are working at a legitimate pain management clinic. Each client’s circumstance must be carefully studied in order to determine how best to defend a client charged with operating a pill mill.

All Federal Drug Conspiracy charges are serious. In Federal Court the Government works hard to put cases together. The Defense, therefore, must work very hard to fight the Government. I have fought for clients in Federal Court for many years. I have won Federal Drug Conspiracy Cases. If you want me to fight for you, call me at 713-655-7400.

Client Testimonials As Posted at AVVO.com

God bless Robb Fickman
5.0 stars
Posted by anonymous
January 15, 2020

Mr. Fickman was recommended to me after an error in judgment (aka breaking the law) landed me in criminal court. There is so much going on in a criminal case, hiring someone out of a phone book just won’t do. After the first several hour long consultation we discussed the fee and that was what it was throughout the year long ordeal. The ability of Mr. Fickman to maneuver through the entire process helped me maintain my calm. One has to remember that the lawyer is more than just someone whom will represent them. I learned that the lawyer is the intermediary with the DA. I believe Mr. Fickman’s professionalism was the ingredient that that helped to get the case dismissed. His having an excellent assistant went a long way, as well. Martha was the icing on the cake for his services. Thank you, Mr. Fickman (and Martha).

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Impactful, Intentional Attorney
5.0 stars
Posted by Markethia
September 26, 2019

I am honored to write this review and expression my gratitude to and appreciation for Mr. Fickman for his time, feedback, and assistance. I am confident in his ability because Mr. Fickman is very thorough, analytical, and practical in his approach to represent you best as a client. He will keep you abreast of your case and the many possibilities that could and could not happen. I would recommend Mr. Fickman because he will do due diligence for you due to his work ethic, his morals, and values he has set as an attorney. In summation, Mr. Fickman is resourceful and energetic individual who will be constructively and active involved in your case from start to finish.

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Need more stars to put on this review
5.0 stars
Posted by Leyla & Lydia
August 23, 2018

My brother Tadeo was looking to 25 years minimum to life in prison for assault on a peace officer. Granted he has an extensive criminal background from violent crimes to sexual assault. I am glad a friend referred us to him best investment ever. After consulting several attorneys all of which recommend he plead out we are glad we hired Mr. Fickman. Mr Fickman we are forever grateful and by the way my brother had his charges dismissed and is a free man.

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I’M A FREE MAN
5.0 stars
Posted by anonymous
July 5, 2018

Robb has worked on my Federal case for 5 years, the outcome today was spectacular. NO JAIL TIME. I highly recommend Robb, be honest to him about everything and he will do his absolute best job to represent you. He’s very detailed, when I went to him 5 years ago he asked me questions that I thought what in the he** does he need this information for…. he needed it to defend me fairly.

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Great attorney
5.0 stars
Posted by anonymous
June 29, 2018

Mr. Fickman went above and beyond my expectations for my case. He was under the weather during the beginning of my case and still worked hard through it all. He is detailed, intelligent, and driven. Great attorney, would recommend to anyone.

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Great Guy and Attourney who fights for you!
5.0 stars
Posted by Michael
May 14, 2018

Mr. Fickman took my case and did everything possible to make sure the outcome was a positive one for me. In the end, after completing all of the steps I was asked to do by the courts, my case was ultimately dismissed. I couldn’t have asked for anymore more real and understanding. I would definitely recommend Mr. Fickman.

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DREAT MAN AWESOME ATTORNEY
5.0 stars
Posted by Raymond
December 5, 2017

Robert fickman will do everything to represent you as your attorney He is very thorough. Robert fickman listens to his clients and treat you as a person I was very pleased with my outcome thank you always

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Profesional and Experienced. Great as a Defense Sexual Assault Attorney
5.0 stars
Posted by Daniela
September 6, 2017

Very experienced lawyer. Hired Mr. Fickman to represent my dad in a Sexual Assault case. Such case got dismissed at the Grand Jury. The lawyer informed us of every step during the 7-month process and was always honest and profesional. Hope to never have to hire again but in a situation like the one we had this is a lawyer that will have your back and fight his hardest for his clients interests.

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Hard working
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Posted by Anthony
August 12, 2017

Mr Fickman helped me with a MRP. He came prepared and organized on court dates. A very hard working attorney that always answered all my questions. He communicated with my family and always returned my calls. Thank you , Rob.

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Gets the job done
5.0 stars
Posted by Jonathan
March 15, 2017

From the initial consultation, Robb was very thorough and very personable. Given the circumstance and possible outcomes with a possibility of an upgraded charge, he helped me get what exactly I had in mind prior to hiring him. Hopefully I don’t need to but have no reservations on hiring him again if needed. Thank you Sir!

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A SUMMARY OF CRIMINAL DEFENSE ATTORNEY ROBERT FICKMAN’S CREDENTIALS

  • Robert Fickman has been a criminal defense attorney in Houston for 38 Years.
  • Robert Fickman has handled and won a vast array of cases in State and Federal Court
  • Robert Fickman has argued many cases before the Fifth Circuit Court of Appeals.
  • Robert Fickman has had an AV Rating (the highest rating) with Martindale Hubbell for over 20 years.
  • Robert Fickman has been named a “Texas Super Lawyer” since 2015.
  • Robert Fickman is well-respected by his peers and he has received numerous awards.
  • Robert Fickman was the President of the Harris County Criminal Lawyers Association (HCCLA) from 2006-2007.
  • Robert Fickman is a past Board Member of the Texas Criminal Defense Lawyers Association (TCDLA).
  • Robert Fickman serves on the HCCLA and TCDLA Strike Forces where he is called upon to come to the aid of other criminal defense lawyers.
  • Robert Fickman is an outstanding public speaker. Robert Fickman was on the National Association of Criminal Defense Lawyers “Best of 2010 Speakers” and “Best of 2014 “Speakers Disk.”
  • Robert Fickman was named “Mr. Declaration of Independence.” in the Texas State Bar Journal for his volunteerism.

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