Investigation of prominent doctor by the FBI in Massachusetts dropped with no charges

Approximately 18 months after the FBI searched a prominent psychiatrist’s medical office, seeking evidence of illicit prescribing of Schedule II controlled substances, the doctor retained attorney Eric Rosen as his attorney. Eric was the doctor’s third attorney on this matter, and the doctor was set to plead guilty to health care fraud in the upcoming weeks. The doctor retained Eric for a “second opinion” on the matter, which could have tarnished his whole medical career and resulted in a lengthy prison sentence.

Eric and his team sprung into action, and immediately collected and reviewed approximately 50,000 pages of medical records. The lead DOJ attorneys had given Eric a week to review the records and come in and give a presentation. If the presentation failed, the doctor would be publicly indicted and arrested. The presentation did not fail. In approximately 100 slides, Eric and his team demonstrated exactly what was wrong with the government’s theory of the case. Ultimately, negotiations ensued for approximately six months, up until when Eric took the step of actually bringing patients of the doctor into the DOJ to meet with investigators. That strategy worked, and within weeks after that, the DOJ called to say that the doctor was no longer under investigation for criminal or even civil charges. The investigation ended with nothing being made public.

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