United States of America v. Monica Preston, Nurse Practitioner

Denver, Colorado criminal defense lawyer represented the Defendant charged with Allegations of Improper Prescribing of Controlled Substances

Colorado Springs Nurse Practitioner Agrees to Pay $90K to Resolve Allegations of Improper Prescribing of Controlled Substances

Monica Preston, N.P., agreed to pay $90,000 to resolve allegations that she unlawfully prescribed controlled substances, including dangerous opioids and drug combinations, in violation of the Controlled Substances Act and False Claims Act.



The United States alleges that Ms. Preston, while working as a Nurse Practitioner at the now-defunct Colorado Institute for Pain Management in Colorado Springs, wrote prescriptions for controlled substances that were in dosages, at frequencies, and in combinations with other controlled substances that were outside the course of her professional practice, were not reasonable and necessary, and were not for a legitimate medical purpose. The United States alleges that Ms. Preston's conduct departed from well-established prescribing guidelines and that she also fraudulently represented to the Center for Medicare Services that improper prescriptions were reasonable and necessary. The United States alleges that this conduct violated the Controlled Substances Act and the False Claims Act.





As part of the settlement, Ms. Preston agreed to pay $90,000 in damages and civil penalties. Ms. Preston also agreed to permanently forgo holding a Drug Enforcement Administration (DEA) registration, which will prevent her from prescribing any controlled substances in the future.



"Nurse practitioners entrusted with prescribing authority must be careful not to ignore red flags that suggest that the opioids they prescribe are being misused or abused,” said Acting U.S. Attorney Matt Kirsch. "When nurse practitioners do not adhere to well-established prescribing guidelines or falsely represent that improper prescriptions were reasonable and necessary, we will hold them accountable.”



"The DEA is proud to relentlessly pursue practitioners not acting in their patients' best interests,” said DEA Rocky Mountain Field Division Special Agent in Charge Jonathan Pullen. "Our investigators – along with other federal partners – worked diligently on this case, and as a result, Ms. Preston will never again be allowed to legally prescribe opioids or other controlled substances.”



"Medical providers who write prescriptions for controlled substances, including powerful opioids and dangerous drug combinations, that are outside the course of professional practice endanger the safety and wellbeing of patients and communities,” said Special Agent in Charge Linda T. Hanley of the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG). "This settlement highlights HHS-OIG's commitment to work closely with our state and federal partners to protect federal health care programs and the people served by those programs.”



The claims against Ms. Preston are allegations, and in agreeing to settle this matter, she did not admit to any liability.



This matter was investigated by the DEA's Rocky Mountain Division and the U.S. Department of Health and Human Services' Office of Inspector General and was handled by Assistant United States Attorney Katherine Ross.