October 16, 2026 - David M. Eskew

AEL partner David M. Eskew obtained a probationary sentence (no jail time) on behalf of a physician who had previously pled guilty to the illegal resale of expensive prescription pharmaceuticals under the Federal Food, Drug, and Cosmetic Act (FDCA). The case, which was investigated and prosecuted by the U.S. Attorney’s Office for the District of New Jersey, was part of a broader healthcare fraud scheme that ensnared multiple physicians and drug wholesalers and resellers.

AEL’s sentencing submission addressed, among other issues, complicated issues regarding loss calculations under U.S. Sentencing Guideline § 2B1.1 and sought an applicable departure and a further variance under 18 U.S.C. § 3553(a). Probation calculated a Guidelines range of 46 to 57 months’ imprisonment but U.S. District Court Judge Susan D. Wigenton agreed with AEL that a non-custodial sentence was sufficient but not greater than necessary to address the goals of sentencing. The favorable sentence ended a lengthy ordeal for the client dating back to 2018 when the investigation began.

AEL specializes in federal white-collar criminal defense with a particular expertise in parallel criminal and civil investigations involving individual and institutional healthcare clients ranging from doctors, pharmacists, and other healthcare professionals to large national hospital systems, laboratories, life sciences companies, and healthcare adjacent entities. AEL has an established track record of assisting clients in avoiding and minimizing federal charges and pushing back against federal prosecutors and agencies with an evidence-based, detail-oriented approach.

The foregoing may constitute attorney advertising and readers are cautioned that prior results do not guarantee future outcomes.