Manhattan Prescription Drug Fraud Defense Lawyers

Swept Up in a Prescription Drug Investigation? Speak to an Experienced Manhattan Prescription Drug Fraud Defense Lawyer Today

News articles detailing the national opioid epidemic have spurred law enforcement units in Manhattan and elsewhere to crack down on the prescription, sale, use, and transportation of prescription medications. 

These efforts are intended to keep New Yorkers safe from the dangers many prescription drugs pose when sold, traded, or used recreationally. However, many of these crackdowns are executed with more enthusiasm than precision. In their efforts to stop truly dangerous behavior, police and prosecutors sweep up innocent parties or overcharge those far from the center of the true danger. 

If you’ve been caught up in a prescription drug fraud investigation and now face charges, don’t wait. Speak to an experienced drug fraud defense attorney in Manhattan today. The team at the Brill Legal Group can provide experienced legal representation. Give us a call today!

Situations Giving Rise to Allegations of Prescription Drug Fraud

Prescription drugs are big business in the U.S. – and a complex one. States and the federal government have laws and regulations that create channels for these medications to reach patients legally. Prescription drug fraud investigations seek to identify instances where lawful behavior may inadvertently cross the line into illegal activity. 

Situations that can lead to prescription drug fraud investigations or charges include cases in which drugs are improperly prescribed, where people obtain medication improperly, or divert drugs from their proper uses to improper ones.

Prescribing Improper Medications

Medical professionals can face charges in a prescription drug fraud case if they’re suspected of:

• Prescribing the wrong medications, often with fraudulent intent.
• Prescribing medications while knowing the patient doesn’t need them.
• Writing fraudulent or excessive prescriptions. 
• Overfilling prescriptions.
• Dispensing certain medications without a prescription.
• Billing Medicare, Medicaid, or private insurers for medication that was never dispensed to the proper patient.
• Improperly disposing of medications to instead divert them for sale or transfer to improper parties.
• Diluting drugs to sell them twice.
• Stealing medications to sell them. 

Any prescription drug can be the subject of a drug fraud case. However, some prescriptions are more often investigated than others. These include the prescription or handling of controlled substances like OxyContin, Vicodin, Percocet, Xanax, Adderall, Ritalin, and anabolic steroids. 

Obtaining Medication Improperly

Medical professionals handling or dispensing medication improperly can lead to prescription drug fraud charges. Patients who obtain prescription medications improperly can also face charges of fraud. Examples include:

• Stealing a prescription pad to forge prescriptions,
• “Doctor-shopping” or faking symptoms to receive prescriptions,
• Seeing multiple doctors to receive multiple prescriptions,
• Filling one prescription at multiple pharmacies. 

Possessing prescription-only pain medication, stimulants, or sedatives without a valid prescription is a crime in New York. Simple possession is typically charged as a Class A misdemeanor (up to one year in jail). However, it can be elevated to a felony if the quantity exceeds certain weight thresholds or if there is evidence of intent to sell. This rule covers medication prescribed to family members or others in your household. The law also prohibits New Yorkers and others from selling or giving their prescription medication to someone it wasn’t prescribed to. 

Diversion

New York law prohibits “criminal diversion” of prescription medications. Under the statute, diversion occurs when a person knowingly and in exchange for value:

• Transfers or delivers a medication to someone, despite knowing (or having reason to know) the person receiving it has no need for it.
• Receives a prescription medication from someone, despite knowing (or having reason to know) the person selling it isn’t authorized to sell prescription drugs.
• Transfers or delivers a prescription in exchange for pay or anything else of value.
• Receives a prescription in exchange for pay or anything else of value. 

Diversion laws require licensed physicians and pharmacists to operate strictly within the legal framework of the Controlled Substances Act and applicable state laws. While good faith may be a mitigating factor in specific legal contexts, it does not categorically exempt healthcare professionals or patients from diversion liability. Physicians, pharmacists, and patients who improperly obtain, prescribe, or divert controlled substances may still face civil and/or criminal consequences regardless of claimed intent.

Both knowledge and the receipt of “pecuniary value” are essential factors in determining whether someone has committed diversion. These factors can also be challenging to prove or disprove. An experienced attorney may help you gather the evidence you need to bring the full truth of your case to light. Although each case is unique and has different outcomes, we work hard to address the concerns you have to your particular situation.

Driving Under the Influence of Prescription Drugs

While not a fraud-related claim, many fraud investigations begin with a driver stopped for driving under the influence of prescription drugs. Police and prosecutors often want to know where the prescription medication came from and whether it was obtained legally. 

Even if the medication involved followed legal pathways, “drugged driving” is a crime in New York, similar to driving under the influence of alcohol (DUI). Driving under the influence of prescription drugs can be a challenging charge to face. The attorneys at the Brill Legal Group can help you face the unique challenges these charges create. 

What Are The Penalties for Prescription Drug-Related Charges?

Prescription drug charges are often felony charges in New York. New York defines a ‘felony drug offender’ as anyone convicted of a felony under Article 220 (controlled substances) or Article 222 (cannabis) of the New York Penal Law. This definition does not automatically extend to all of New York’s prescription drug laws (e.g., Article 178), so the claim should not be stated as inclusive of prescription drug law violations generally.

Felony offenders in New York may face a wide range of imprisonment depending on the class of felony and their criminal history. Under New York Penal Law Article 70, sentences range from as little as one year (or less for Class D/E alternatives) up to 25 years for Class B felonies, life imprisonment for persistent felony offenders, or life without parole for the most serious Class A-I crimes such as first-degree murder and terrorism.

When Prescription Drug-Related Charges Don’t Fit the Facts

Prescription drug fraud investigations can be sweeping. An investigation may take months or years, covering multiple medical offices, pharmacies, and other institutions, as well as dozens or hundreds of individuals. 

In this process, individuals may face one or more types of charges. The charges assigned often depend on where an individual fits in the narrative that investigators have created. This narrative typically assumes crimes were committed and seeks to place blame. Yet the narrative doesn’t always fit the facts. Some people may be overcharged when a lesser accusation better fits their actual behavior. Others may face multiple charges when a single charge would better encompass their actions. 

In a prescription drug fraud investigation, an individual may find themselves facing multiple charges or types of charges. These include fraud or deceit-related charges, forgery-related charges, and even larceny charges. 

Fraud or Deceit

The core of a prescription drug fraud charge focuses on acquiring or transferring a controlled substance or a prescription for one via fraud, misrepresentation, or concealment of material facts (such as the fact that one doesn’t have a legal prescription). These situations can lead to either misdemeanor or felony charges, depending on the specific facts. 

Fraud charges often depend on what the charged person knew or planned to do. Did you know that someone else couldn’t legally give you a prescription drug or legally accept one from you? Did you intend to deceive, lie, or omit the truth? These questions play a key role in determining whether you committed a crime or whether the charges you face fit what you actually did. 

Criminal Possession of a Forged Instrument

New York law prohibits people from possessing a forged document or similar instrument with the intent to use it to defraud, deceive, or harm someone else. Having a forged prescription for a controlled substance falls under this prohibition. Like prescription drug fraud, criminal possession of a forged instrument charges may be misdemeanor or felony charges depending on the actions and facts surrounding the incident. 

Intent matters in a possession claim. Simply having a prescription that happens to be forged isn’t enough; you have to intend to pass it off as real or to use it in another improper way. An experienced attorney at the Brill Legal Group, P.C. can strive to ensure that all facts come to light regarding your possession of any questionable documents. 

Petit or Grand Larceny

Theft of prescription medication can lead to charges of larceny. A larceny charge might come up even if no fraud was involved in stealing the medication. 

New York distinguishes “petit” and “grand” larceny by the value of the stolen property. Petit larceny is charged when the value of the stolen item is under $1,000. If the value of the property is $1,000 or more, prosecutors may file a grand larceny charge. Further divisions are made based on the value of the property as it increases in value. A grand larceny charge is a felony. 

Like other crimes that can involve prescription drugs, both petit and grand larceny contain intent elements. It’s not theft to take something you reasonably believe belongs to you, for example. Navigating intent on your own can be tough; talk to a dedicated Manhattan attorney to learn more about your options. 

Speak to an Experienced Manhattan Prescription Drug Fraud Defense Lawyer Today

Prescription drug fraud and related charges can be complex. What felt like a simple action or oversight can lead to a long investigation, piles of confusing or conflicting evidence, and constant uncertainty about your position or the charges you face. 

If you have been charged with a prescription drug crime in Manhattan or an investigation is underway, speak to an attorney as soon as possible. The team at the Brill Legal Group has experience defending clients charged in prescription drug fraud investigations. We will help you understand and protect your legal rights. To learn more, contact us today.