California Pharmacist License Defense Attorney

Our pharmacy license defense attorney can assist you in understanding and resolving any issue affecting your license, including:

• CA Board of Pharmacy and Department of Consumer Affairs investigations
• Negligence, unprofessional conduct, and incompetence accusations
• Pharmacy law and regulation violations
• Pharmacist criminal defense
• DEA audit or DEA Diversion Control investigation
• Inspector of Pharmacy audit and investigation
• “Pharmacist Recovery Program” for substance abuse
• Reporting pharmacist criminal convictions
• Diversion of medication
• Federal matters involving DEA, FDA or US Attorney’s Office
• Insurance and Medi-Cal billing fraud

We represent individuals, pharmacies, and companies licensed and regulated by the California State Board of Pharmacy, the Drug Enforcement Agency (DEA), the Food and Drug Administration (FDA), and the Department of Health Care Services (DHCS).

Pharmacy lawyers with decades of experience

At Chudnovsky Law, our award-winning California pharmacy lawyers are well-known and respected by the Inspectors of Pharmacy, Deputy Attorney Generals, and Judges who handle pharmacist cases. We know how to resolve even the most challenging cases and will vigorously protect you at every stage.

Our pharmacist lawyers understand the stress you’re feeling and are 100% focused on protecting you. We develop effective defense strategies that present you in the best possible light and ensure your case will end as favorably as possible. We do not judge, we are only here to help.

If you would like the best outcome possible, call (844) 325-1444. Our pharmacist license lawyer will vigorously defend you and your license.

We represent pharmacists statewide throughout California, including Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Santa Barbara County, Santa Clara County, Alameda County, Sacramento County, Contra Costa County, and Ventura County.

We offer affordable fees and flexible payment plans.

 

California State Board of Pharmacy

The California State Board of Pharmacy is a regulatory agency that has been a part of the California Department of Consumer Affairs (DCA) since 1971. The board licenses and regulates pharmacists, pharmacies and pharmacist technicians as well as wholesalers, distributors and manufacturers of drugs and medical devices.

Licensees are subject to strict California pharmacy laws, regulations, and professional standards that are intended to protect the health and safety of the public by ensuring quality pharmacist care and the appropriate use of pharmaceuticals.

The Board of Pharmacy achieves its goals by:

1. Requiring licensees demonstrate the requisite skills through examination, education , and continuing education requirements.
2. Requiring licensees to meet certain ethical and professional standards.
3. Investigating complaints and potential violations of pharmacy regulations.
4. Enforcement disciplinary actions ranging from reprimand to revocation of the license with loss of the right to practice or operate a pharmacy.

 

California Board of Pharmacy license statistics

The Board of Pharmacy had 138,104 active licenses as of October 27, 2023. During fiscal year 2023, the Board of Pharmacy conducted 3,045 inspections, received 3,246 consumer complaints, referred 2,286 complaints for investigation, received 530 criminal conviction/arrest notifications, filed 135 accusations and disciplined 271 licensees.

California State Board of Pharmacy
2720 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833
(916) 518-3100
pharmacy.ca.gov

 

The 6 stages of pharmacist license defense

Pharmacist license defense is the legal practice of defending a Board of Pharmacy license at 6 stages in disciplinary actions: [1] Pharmacist complaint or criminal charge, [2] License investigation and interview, [3] Formal Accusation, [4] Administrative Hearing, [5] Appeal, and [6] Reinstatement and penalty relief.

Our California pharmacist license defense attorney specializes in defending all Board of Pharmacy licensees. Pharmacist and Pharmacy licenses are subject to strict Pharmacy laws and regulations. If you need legal help, call 844-325-1444 to speak with a lawyer.

Licensees can face discipline at several different stages. New license applicants can be denied due to a criminal record, pending criminal actions, discipline history in another state, examination scores, making false statements or omitting facts in the application, or failing to meet certification or education requirements. (CA BPC § 480)

 

Board of Pharmacy disciplinary actions have six stages:

1. Pharmacist Complaint or Criminal Charge

Board of Pharmacy enforcement activity begins when the board receives:

• A complaint,
• Notification of a criminal charge, arrest or conviction, or
• Notice of a disciplinary action in another state or license.

Anyone, including anonymous parties, can file complaints online about alleged violations of pharmacy laws and regulations. If the board review finds that a violation of California pharmacy law may have occurred within the board’s jurisdiction, the complaint will be referred to one of 12 district offices for investigation by the DCA Division of Investigation.

If you have been arrested for a pharmacist DUI or any alleged pharmacist crime, it is critical to hire a criminal lawyer with expertise in pharmacy license defense. The DOJ informs the board of criminal arrest or conviction via CORI notification.

Important Note: The period after arrest for a crime is a key window to protect your license. Every effort must be made to get the charge dropped or reduced.

Robert Weinberg, Melissa DuChene, and Suzanne Crouts are pharmacy license defense lawyers and criminal attorneys with over 65 years of experience handling pharmacist license criminal matters. They strategically balance delicate plea, disclosure, and criminal defense considerations key to maintaining an unencumbered Board of Pharmacy license.

 

2. Pharmacist License Investigation, Interview

Licensees typically become aware of a pharmacy license investigation after receiving a phone call, records request, investigator visit, subpoena, or letter from the Board of Pharmacy, Pharmacy Inspector, DEA, or Department of Consumer Affairs Division of Investigation (DOI).

DOI investigators and Inspectors of Pharmacy are often veteran detectives or DEA agents with years of experience in the art of investigation. They often adopt a casual, friendly tone that lulls pharmacists into saying things they shouldn’t or releasing information that causes problems later. They are sworn peace officers with the power to execute warrants and arrest you.

Interviews are a key opportunity to show discipline is unwarranted.

If you’ve been contacted by DOI, Pharmacy, or DEA investigators, call our California Board of Pharmacy investigation lawyer as early as possible at (844) 325-1444. We will help you prepare for an interview and carefully develop a strategy and response that doesn’t unintentionally incriminate you or weaken your defense.

Representation by an expert California State Board of Pharmacy license defense lawyer can greatly increase the odds of resolving your case with no disciplinary action.

Important Note: If your case can be resolved in the investigation stage, the allegation against you will not be published on the Board’s public license website.

 

3. Accusation

Accusations are pleading documents filed by the Board of Pharmacy and Attorney General outlining allegations and charges seeking to discipline a licensee. Accusations are published publicly on the board’s website and typically seek recovery of all investigation and prosecution costs in disciplinary cases.

Pharmacists have the right to dispute the allegations in an accusation via a hearing at the Department of Justice, Office of Administrative Hearings as long as the hearing request, or “Notice of Defense” is filed within 15 days of receipt of the accusation. If not, the licensee will be determined to have waived their rights to a hearing, and the board can take the actions defined in the Accusation.

When you retain Chudnovsky Law to resolve your case, we work on two tracks:

• Negotiate the best terms possible for a Stipulated Settlement with the Attorney General to determine if there are terms you would agree to, and/or
• Analyze the case and prepare for an administrative hearing, if needed.

When a case is settled via a Stipulated Settlement, the licensee typically admits to some wrongdoing and agrees to accept an administrative sanction. Much of the language in a Stipulated Settlement comes from the Board of Pharmacy Disciplinary Guidelines.

If you have received an Accusation, contact us as soon as possible to review your case and preserve your rights to defend yourself.

 

4. Administrative Hearing

If your case is not resolved in the Accusation phase, it will be decided via a hearing at the Office of Administrative Hearings (OAH). An Administrative Law Judge will preside while your counsel and a Deputy Attorney General argue their case and present evidence subject to California rules of evidence.

After your hearing is concluded, the administrative judge is given 30 days to render their decision. The most common outcome of a pharmacy license administrative hearing is the retention of the license subject to some probationary terms.

Attorneys Gillian Friedman, Robert Weinberg, Melissa DuChene, and Suzanne Crouts have over 80 years of experience representing clients in administrative hearings, Superior Courts, and Federal Courts for professional license and criminal defense matters. They have handled thousands of cases, administrative hearings, and trials and are skilled at vigorously defending you against any board accusation.

 

5. Writ of Mandate Appeal

A writ of mandamus is the method of appealing the result of administrative hearings. Writ appeals ask California Superior Court judges to review administrative law decisions and determine if the administrative judge made an error or abused their discretion. Usually, a writ of mandate must be filed within 30 days of the effective date of the decision.

Our lawyers are experienced in the complex issues involved in writ appeals, including venue selection, ex parte petitions for stay of revocation, suspension, or disciplining the license, and preparing and arguing effective writ appeals in court.

If you are considering a writ appeal, contact us as soon as possible to review your matter and ensure the strict deadlines are met.

 

6. Penalty Relief and Reinstatement

Chudnovsky Law represents professional licensees submitting petitions for reinstatement and penalty relief. Pharmacists can petition the California Board of Pharmacy for reinstatement of a revoked license, early termination of probation, or reduction of imposed penalties. Varying eligibility and time limitations apply that your lawyer can explain.

Chudnovsky Law is experienced in creating successful petitions for license reinstatement and penalty relief. Call us at (844) 325-1444 to review your situation. We are available to help you at every stage of pharmacy license defense.

Pharmacist criminal defense attorney

A criminal charge, law enforcement investigation, or even just an accusation of misconduct can wreak havoc on a pharmacist, nurse, or medical license. They can trigger a pharmacy license investigation, suspension or revocation, and the loss of your ability to work.

It is crucial for licensees to hire a pharmacist criminal lawyer or pharmacist DUI lawyer with expertise in both administrative and criminal law. Pharmacists have specialized defense requirements that must be carefully adhered to in order to protect their license and secure the best possible results.

Attorneys Robert K. Weinberg, Suzanne Crouts, and Melissa DuChene are experienced criminal defense attorneys and pharmacy license attorneys. They are experienced in defending healthcare licensees, pharmacists, pharmacies, sterile compounding pharmacies, nursing licenses, and pharmaceutical corporations for criminal and licensing matters involving California and Federal laws, including:

• All misdemeanor and felony charges
• State, DEA, and Federal criminal investigations
• Pharmacist DUI, DUI drugs, felony DUI
• Drug diversion
• Drug billing and insurance fraud
• Prescription drug offenses
• Practicing impaired
• Federal crimes and DEA offenses
• Domestic violence
• Financial fraud
• Sex crimes, sexual misconduct

License disciplinary actions for criminal conviction

The Board of Pharmacy has broad authority and discretion under CA BPC § 4301 to discipline licensees for unprofessional conduct, criminal convictions, and crimes “substantially related to the qualifications, functions, and duties of a licensee.”

Once a criminal charge or investigation is active, it is critical to quickly make every effort to get the charge dropped or reduced before conviction.

If you are under a law enforcement investigation or have been arrested for any criminal or DUI offense,  contact us as early as possible to discuss your case and the actions needed to protect your license, reputation, and freedom.

RELATED: The 17 Best Criminal Defense Strategies

RELATED: The 20 Best DUI Defense Strategies

 

Pharmacist Recovery Program

The board offers a Pharmacist Recovery Program for licensed pharmacists and intern pharmacists whose competency is impaired due to drug/alcohol chemical addiction or mental illness. According to the board, “a recent study indicated that 46% of the pharmacists and 62% of the pharmacy students studied had used controlled substances at some time without a prescription.”

The Maximus managed program claims only 13% of participants relapse after completion. Determining whether to enroll in diversion is a decision that should be carefully evaluated. The diversion program is invasive and expensive – and it can still end in disciplinary action against your license. For some, it can be a helpful way to achieve sobriety and refocus on living a healthy life. For others, it is inappropriate.

⤓ Download the Pharmacist Recovery Program handbook

If the board sends you notice offering enrollment in the Pharmacist Recovery Program, it is important to contact us to review your scenario with an experienced pharmacist attorney to understand your options and what is best for you.

 

We represent all Board of Pharmacy licensees

There are many classes of pharmacy licenses with varying requirements and qualification standards. We represent all classes of pharmacy licensees, including:

• Advanced Practice Pharmacist (APH)
• Automated Drug Delivery System (ADD(APD))
• Automated Drug Delivery System (ADD(AUD))
• Clinic (CLN)
• Clinics Exempt (CLE)
• Correctional Pharmacy (LCF)
• Designated Representatives (EXC)
• Designated Representatives Vet (EXV)
• Designated Representatives-3PL (DRL)
• Designated Representatives-Reverse Distributor (DRR)
• Drug Room (DRM)
• Drug Room Exempt (DRE)
• Hospitals (HSP)
• Hospitals Exempt (HPE)
• Hypodermic Needle and Syringe (HYP)
• Intern Pharmacist (INT)
• Outsourcing Facility Nonresident (NSF)
• Pharmacist (RPH)
• Pharmacy (PHY)
• Pharmacy Government Owned (PHE)
• Pharmacy Nonresident (NRP)
• Pharmacy Technician (TCH)
• Sterile Compounding (LSC)
• Sterile Compounding Government Owned (LSE)
• Sterile Compounding Nonresident (NSC)
• Third-Party Logistics Providers (TPL)
• Third-Party Logistics Providers Nonresident (NPL)
• Veterinary Food-Animal Drug Retailer (VET)
• Wholesalers (WLS)
• Wholesalers Exempt (WLE)
• Wholesalers Nonresident (OSD)

Resources:

• New controlled substance prescribing and reporting rules – 1/1/2021
• Pharmacy Law changes for 2024
• Pending Board of Pharmacy regulations
• Pharmacy Board information for licensees
• Guide to pharmacy license criminal record changes (AB-2138)
• Pharmacy Sunset Review report 2020

About our pharmacist license lawyers

When your reputation and career are at stake, your choice of attorney matters. Expert counsel from a smart, strategic attorney can help you navigate the situation you are facing and secure the best possible outcome. In pharmacist license cases, there is no substitute for experience and knowledge of the system.

With 22 years of experience as a former Department of Justice Deputy Attorney General prosecuting pharmacy license cases, our team has unparalleled expertise in resolving Board of Pharmacy enforcement actions.

Our attorneys Gillian Friedman, Robert Weinberg, Suzanne Crouts, and Melissa DuChene have decades of experience representing Board of Pharmacy licensees in license defense, investigations, DEA, federal, and state criminal defense matters. They have handled thousands of investigations, cases, trials, administrative hearings, and writ appeals.

Chudnovsky Law is rated Top 100 Trial Lawyers by The National Trial Lawyers, an honor given only to an elite group of firms for demonstrating exceptional skills and qualifications in the practice of law. Our attorneys have the experience to handle your case while protecting your license and rights proficiently.

We invite you to read client testimonials to learn more about how we have helped others facing board discipline. A dedication to client service and delivering exceptional results has made Chudnovsky Law among the top-rated pharmacy license defense attorneys in California:

• 5 Star Rating by Martindale
• 5 Star Rating by Lawyers.com
• 5 Star Rating on Google
• 5 Star Rating on Findlaw
• 10.0 Superb Rating on Avvo

To speak with an attorney about your case and see if we are the best pharmacy license attorneys for you, call us at (844) 325-1444.

 

Client testimonials

Service Area

When looking for a pharmacist license defense attorney near me, please note we represent pharmacists in Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Santa Clara County, Alameda County, Sacramento County, Contra Costa County, and all of California:

Los Angeles County: Agoura Hills, Alhambra, Arcadia, Baldwin Park, Bellflower, Beverly Hills, Brentwood, Buena Park, Burbank, Canoga Park, Carson, Cerritos, Chatsworth, Compton, Culver City, Diamond Bar, Downey, Downtown Los Angeles, El Monte, El Segundo, Encino, Gardena, Glendora, Glendale, Granada Hills, Hawthorne, Hermosa Beach, Hollywood, Huntington Park, Inglewood, La Canada-Flintridge, La Habra, La Mirada, Lakewood, Lancaster, Long Beach, Los Angeles, Lynwood, Malibu, Manhattan Beach, Monrovia, Montebello, Monterey Park, North Hollywood, Northridge, Norwalk, Pacoima, Palmdale, Pasadena, Pico Rivera, Pomona, Rancho San Fernando, Redondo Beach, Reseda, Rosemead, San Dimas, San Fernando Valley, Santa Clarita, Santa Monica, Sherman Oaks, Simi Valley, South Pasadena, Sylmar, Tarzana, Thousand Oaks, Toluca Lake, Torrance, Van Nuys, Venice, Walnut, West Covina, West Hollywood, Whittier and Woodland Hills.

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Orange County: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster and Yorba Linda.

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Riverside County: Riverside, Moreno Valley, Corona, Temecula, Murrieta, Jurupa Valley, Indio, Hemet, Perris, Palm Desert and Palm Springs. | San Bernardino County: San Bernardino, Fontana, Rancho Cucamonga, Ontario, Victorville, Rialto, Hesperia, Chino, Upland, Apple Valley and Redlands. | San Diego County: San Diego, Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas and National City.

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Santa Barbara County: Carpinteria, Gaviota, Goleta, Isla Vista, Lompoc, Los Olivos, Montecito, Orcutt, Santa Barbara, Santa Maria, Santa Ynez, Solvang, and UC Santa Barbara. | Ventura County: Camarillo, Fillmore, Simi Valley, Ojai, Oxnard, Port Hueneme, Thousand Oaks, and Ventura.

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Alameda County: Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City. | Alpine County: Alpine Village. | Amador County: Ione, Jackson, Plymouth, Sutter Creek. | Butte County: Oroville, Chico, Durham, Gridley, Magalia, Oroville, Oroville East, Palermo, Paradise, South Oroville, Thermalito. | Calaveras County: Angels Camp, Arnold, Copperopolis, Rancho Calaveras, San Andreas, Valley Springs. | Colusa County: Arbuckle, Colusa, Maxwell, Williams. | Contra Costa County: Antioch, Brentwood, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek. | Del Norte County: Crescent City, Bertsch-Oceanview, Klamath. | El Dorado County: Cameron Park, Diamond Springs, El Dorado Hills, Placerville, Pollock Pines, Shingle Springs, South Lake Tahoe.

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Fresno County: Clovis, Coalinga, Fresno, Reedley, Sanger, Selma. | Glenn County: Hamilton City, Orland, Willows. | Humboldt County: Arcata, Cutten, Eureka, Fortuna, Humboldt Hill, McKinleyville, Myrtletown, Ridgewood. | Imperial County: Brawley, Calexico, Calipatria, El Centro, Imperial, Salton City. | Inyo County: Big Pine, Bishop, Lone Pine, West Bishop. | Kern County: Arvin, Bakersfield, California City, Delano, McFarland, Ridgecrest, Shafter, Taft, Tehachapi, Wasco. | Kings County: Avenal, Concoran, Hanford, Lemoore, Lemoore Station. | Lake County:Clearlake, Clearlake Oaks, Clearlake Riviera, Kelseyville, Lakeport, Lucerne, North Lakeport. | Lassen County: Janesville, Susanville, Westwood. | Madera County: Ahwahnee, Bonadelle Ranchos, Chowchilla, Coarsegold, Madera, Madera Acres, Madera Ranchos, Yosemite Lakes. | Marin County: Corte Madera, Larkspur, Marin, Mill Valley, Novato, San Anselmo, San Rafael, Sausalito. | Mariposa County: Lake Don Pedro, Mariposa, Midpines, Yosemite Valley. | Mendocino County: Brooktrails, Fort Bragg, Redwood City, Ukiah, Willits. | Merced County:Atwater, Dehli, Dos Palos, Franklin, Gustine, Livingston, Los Banos, Merced, Winton. | Modoc County: Alturas, California Pines. | Mono County: Crowley Lake, Mammoth Lakes.

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Monterey County: Carmel Valley, Carmel-by-the-Sea, Castroville, Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove, Salinas, Seaside, Soledad. | Napa County: American Canyon, Calistoga, Napa, St Helena, Yountville. | Nevada County: Grass Valley, Lake of the Pines, Lake Wildwood, Nevada City, Truckee. | Placer County: Auburn, Granite Bay, Lincoln, Loomis, North Auburn, Rocklin, Roseville. | Plumas County: Chester, East Quincy, Portola, Quincy. | Sacramento County: Antelope, Arden-Arcade, Carmichael, Citrus Heights, Elk Grove, Fair Oaks, Florin, Folsom, Foothill Farms, Galt, North Highlands, Orangeville, Rancho Cordova, Rosemont, Sacramento, Vineyard. | San Benito County: Aromas, Hollister, Ridgemark.

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San Francisco County: Bayview, Chinatown, Japan Town, Mission District, Pacific Heights, Richmond District, San Francisco, Stonestown, Sunset District, Union Square. | San Joaquin County: Lathrop, Lodi, Manteca, Ripon, Stockton, Tracy. | San Luis Obispo County: Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo. | San Mateo County: Belmont, Burlingame, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco.

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Santa Clara County: Campbell, Cupertino, Gilroy, Milpitas, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Sunnyvale. | Santa Cruz County: Aptos, Ben Lomond, Capitola, Interlaken, Live Oak, Rio Del Mar, Santa Cruz, Scotts Valley, Soquel, Watsonville. | Shasta County: Anderson, Bella Vista, Cottonwood, Happy Valley, Palo Cedro, Redding, Shasta Lake. | Sierra County: Loyalton, Sierra Brooks. | Siskiyou County: Dunsmuir, Lake Shastina, Mount Shasta, Weed, Yreka. | Solano County: Benicia, Dixon, Fairfield, Suisun City, Vacaville, Vallejo. | Sonoma County:Healdsberg, Petaluma, Rohnert Park, Santa Rosa, Sonoma, Windsor. | Stanislaus County: Ceres, Modesto, Oakdale, Patterson, Riverbank, Salida, Turlock. | Sutter County: Live Oak, Sutter, Yuba City. | Tehama County:Corning, Lake California, Los Molinos, Red Bluff. | Trinity County: Hayfork, Lewiston, Post Mountain, Weaverville. | Tulare County: Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, Woodlake, Visalia. | Tuolumne County: Jamestown, Mono Vista, Phoenix Lake, Sonora. | Yolo County: Davis, West Sacramento, Winters, Woodland. | Yuba County: Linda, Loma Rica, Marysville, Olivehurst, Plumas Lake, Wheatland.

Disclaimer

This information does not constitute legal advice and is not a substitute for individual case consultation and research. No representations are made as to the accuracy of this information and appropriate legal counsel should be consulted before taking any actions. Contact us for a consultation regarding your case to see if we are the best California State Board of Pharmacy license defense attorney for you.

Written by Robert Weinberg, Melissa DuChene, and Suzanne Crouts.