Georgia Criminal Defense Lawyers Blog

The Georgia Composite Medical Board & Professional License Defense

Published on: September 9, 2024 | By Conaway & Strickler, P.C.

The Georgia Composite Medical Board is the state organization that monitors physicians and other medical professionals through its licensing and disciplinary policies. The purpose of the Board is to safeguard public health by ensuring proper licensing procedures and regulating healthcare professionals.

Who makes up the Composite Board? The Board is made up of fifteen members appointed by the Governor. Thirteen of those members are physicians, and two of those members are public representatives who have no ties to medicine. Each Board member typically serves a four-year term.

What does the Board do? The Board’s functions include screening candidates for licensure, issuing licenses to qualified professionals, developing rules and guidelines for healthcare practice, and disciplining licensees when necessary. In Georgia, the Composite Board licenses and monitors healthcare professionals including the following: Medical doctors (MDs), Doctors of osteopathic medicine (DOs), Physician assistants (PAs), Anesthesiologist assistants (AAs), Acupuncturists, and pain management clinics. However, the Composite Board does not license or regulate podiatrists, chiropractors, dentists, marriage and family therapists, social workers, professional counselors, physical therapists, registered nurses, or licensed practical nurses – those professions are regulated by the Office of the Secretary of State.

Protecting your career: Professional License Defense

Published on: September 5, 2024 | By Conaway & Strickler, P.C.

In many fields, maintaining a professional license is crucial for career advancement and job security. Physicians, surgeons, nurses, pharmaceutical technicians and other professionals spend years training before becoming licensed and employed. However, allegations of misconduct, incompetence, or violations of professional standards can jeopardize this license and your livelihood. Understanding how to navigate a professional license defense is essential. At Conaway & Strickler, we are experienced in professional license defense and assisting clients with protecting their careers.

If your professional license is under review, you may be facing disciplinary action, suspension, or even revocation of your license. Professionals can face license challenges due to various reasons, including allegations of unethical behavior, negligence, or non-compliance with industry standards. Common grounds for disciplinary action in this context includes the following:

Negligence or Malpractice:Claims that a professional has failed to meet the appropriate standard of care.

Unregistered Securities and Allegations of Operating a Ponzi scheme

Published on: August 24, 2024 | By Conaway & Strickler, P.C.

The SEC recently filed a complaint against Todd Burkhalter and Atlanta-based Drive Planning LLC. It alleges that from 2020 through June 2024, $300 million was raised for purported real estate investments from over 2000 investors. It is alleged that the the money was instead misappropriated to fund Burkhalter’s “lavish lifestyle” (including a $3 million yacht) and to make Ponzi-lie payments.

He is charged with violating antifraud provisions of federal securities law. He may soon face DOJ charges as well. The antifraud provisions of the federal securities laws prohibit the use of fraudulent statements or schemes in connection with the purchase or sale of securities. These provisions apply to all securities transactions, including exempt transactions, and to statements made orally or in writing.

The primary anti-fraud statutory provision is Section 10(b) of the Securities Exchange Act of 1934, which is codified in 15 U.S.C. § 78j. The SEC enforces this provision primarily through Rule 10b-5, which prohibits the use of any “device, scheme, or artifice to defraud”. Rule 10b-5 also imposes liability for any misstatement or omission of a material fact, or one that investors would think was important to their decision to buy or sell a security. A fact is considered material if there is a substantial likelihood that the information would have been viewed by a reasonable investor as having significantly altered the total mix of information available.

Are you facing an Investigation from the Georgia Composite Medical Board?

Published on: August 23, 2024 | By Conaway & Strickler, P.C.

The Georgia Composite Medical Board (GCMB) is the licensing agency for physicians, physician assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, auricular (ear) detoxification specialists, residency training permits, cosmetic laser practitioners, pain management clinics and medical geneticist. The Medical Board investigates complaints and disciplines those who violate The Medical Practice Act or other laws governing the professional behavior of its licensees. Unprofessional conduct is often cited as an issue for physicians and physician assistants.

What happens when the Medical Board investigates you? First, a complaint is filed. The Board will reach out to you and let the you know of the existence of the complaint and ask for a response. This is where you immediately need to seek out legal advice. At Conaway & Strickler, PC we have attorneys very versed on the intricacies of the complaint process. Once the Investigative Committee reviews the complaint and response, they can recommend a variety of options ranging from closing the case to disciplinary action. It is imperative that you and your lawyer really work with the Investigative Committee to ensure they know all of the facts and circumstances to ensure the best resolution.

Cases are resolved in three main ways – closure, private action or public action. The public action is a notation on the GCMB web site.

Potential Consequences of a Title IX Allegation

Published on: August 12, 2024 | By Conaway & Strickler, P.C.

Once a person receives notice that a Title IX allegation has been made against them in Georgia, a school will generally proceed and attempt to resolve the case within 120 days. The Title IX process moves quickly relative to the criminal justice system; however, the implications and lasting consequences of an allegation can be significant, making it imperative to have a skilled attorney assisting at all stages.

After an allegation has been made, there are a limited number of ways that the Title IX investigation can resolve:

Complaint Dismissal: In narrow circumstances, an institution is permitted, but not required, to dismiss complaints. See Board of Regents Policy 6.7.4(f).

TITLE IX: Accused of sexual misconduct, harassment, or rape at a university?

Published on: August 10, 2024 | By Conaway & Strickler, P.C.

The investigation and hearing process for those accused of Title IX complaints can be a harrowing process. It is important to know that you may not only be facing a reprimand, suspension or expulsion (and a permanent notation on your academic record) but you also could be facing criminal charges. It is also important to note that additional final regulations of Title IX became effective August 1, 2024. These changes modified key aspects of Title IX including the role of the advisor. It is therefore very important to fully understand Title IX procedures and securing the right advisor is critical to protecting yourself now and in the future.

Here are some basic terms of the process:

Complainant: the individual(s) making the allegation

How do I fight Asset Forfeiture?

Published on: June 29, 2024 | By Conaway & Strickler, P.C.

There are three types of Asset Forfeiture.

Note if your asset has been SEIZED, that means the government has taken possession of your property, but it does not mean the government owns the property legally YET….See here for details on the most recent DOJ seizures and forfeiture manual.

Criminal Forfeiture

Health Care Prosecutions Heat Up along with the Summer Temperatures

Published on: June 29, 2024 | By Conaway & Strickler, P.C.

The DOJ just announced more successes in health care prosecutions involving approximately $2.75 billion in intended losses and $1.6 billion in actual losses. The case descriptions are varied, but the main jist is the same: the DOJ is utilizing nationwide efforts to crack down on health care fraud. Attorney General Merrick Garland stated that law enforcement has been working hard across 32 federal districts, and has filed charges against 193 defendants, for their roles in health care fraud schemes.

But, also he made sure to point out that in addition to the charges and arrests being announced, that the government also seized over $230 million in cash, luxury vehicles, gold, and other assets in connection with these cases.

The government comes after you with search warrants, warrants to freeze and seize your assets and subpoenas for your records. Do not attempt to deal with these things alone Contact us so we can protect your license, your livelihood and your assets.

Medicaid Fraud Nuts and Bolts

Published on: June 22, 2024 | By Conaway & Strickler, P.C.

What is Medicaid? Medicaid is a joint federal and state program that helps cover medical costs for some people with limited income and resources.

What is Georgia Medicaid? Medicaid is a “medical assistance program that helps many people who cannot afford medical care pay for some or all of their medical bills. Medicaid is administered by the Georgia Department of Community Health and pays medical bills with state and federal tax money.”

What is Medicaid Fraud?

Startup Online Telehealth Company Executives Indicted

Published on: June 16, 2024 | By Conaway & Strickler, P.C.

On June 13, 2024, two health care executives of Done Global Inc were indicted for health care fraud related charges. The indictment alleges that the two participated in a scheme to distribute Adderall over the internet, conspire to commit health care fraud in connection with the submission of false and fraudulent claims for reimbursement for Adderall and other stimulants, and obstruct justice.

“As alleged, these defendants exploited the COVID-19 pandemic to develop and carry out a $100 million scheme to defraud taxpayers and provide easy access to Adderall and other stimulants for no legitimate medical purpose,” said Attorney General Merrick B. Garland. These arrests mark the DOJ’s 1st criminal drug distribution prosecutions related to prescribing via telemedicine, the agency said.

Conaway & Strickler represent healthcare providers in fighting against allegations such as these by agencies such as the DOJ, HHS-OIG, FBI, Georgia Medicaid Fraud Control Units and cases nationwide. We have litigated federal healthcare cases in NJ, NY, LA, FL, TX and GA. We also represent healthcare providers in medical and professional licensing board matters as well.