Understanding Federal Criminal Charges for Prescription Drug Fraud

What is prescription drug fraud, and when can a person face federal criminal charges as opposed to criminal charges under state law in Florida? The distinction is extremely important, not only because the elements of the offense being charged can differ (and thus require different defense strategies), but federal penalties also may be much more severe than penalties associated with a conviction under state law for a fraud-related offense.

If you are being investigated by the federal government for fraud-related charges involving prescription drugs, or you have been charged with a specific offense, it is essential to seek legal assistance from a Tampa federal fraud defense attorney. In the meantime, we can provide you with more information about federal charges related to prescription drug fraud.

Learning More About Prescription Drug Fraud

Before we discuss the types of circumstances in which prescription drug fraud allegations can lead to federal charges, and the specific federal criminal statutes that may be involved, it is important to understand what is meant by prescription drug fraud. This is a somewhat broad term that can refer to different types of fraudulent acts, such as:

• Fraudulent acquisition of prescription drugs, such as through “doctor shopping”;
• Forgery of prescriptions in order to unlawfully obtain prescription drugs;
• Prescribing of prescription drugs by a health care provider in a manner that violates the law, such as writing a prescription for a patient outside the provider’s practice, or obtaining prescription drugs for profit; or
• Distribution of fraudulently obtained prescription drugs, which may include fraud involving the dispensing of prescription drugs by a pharmacist or pharmacy, or distribution through the postal system or another interstate delivery system.

What Type of Federal Offenses Are Charged for Prescription Drug Fraud?

In cases involving prescription drug fraud where interstate commerce was involved (such as use of the internet, or the United States Postal Service), where a federal program such as Medicare or Medicaid was involved, or where a federal agency such as the Drug Enforcement Agency (DEA) was involved, federal criminal charges may occur. Yet there is not a specific federal “prescription drug fraud” statute. Instead, charges may occur, for instance, under one of the following:

• Health care fraud statute;
• Wire fraud statute;
• Mail fraud statute; and/or
• Controlled Substances Act.

Contact Our Tampa Criminal Defense Attorneys for Assistance Developing a Defense Against Federal Prescription Drug Fraud Charges

Have you been accused of federal criminal charges in connection with prescription drug fraud? While there is no specific federal statute under which a person can solely be charged with prescription drug fraud, you could be facing charges under various types of federal criminal statutes, including laws on health care fraud, forgery, and more. When charges related to prescription drug fraud are brought under federal law, the person can face much more serious penalties, including substantial jail time and monetary fines. One of the experienced Tampa federal prescription drug fraud defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. can begin working with you today on your defense for any federal criminal fraud-related charges you are facing.

Source:

law.cornell.edu/uscode/text/18/1347