Decades ago, the “War on Drugs” was focused primarily on illicit or “street” drugs such as heroin, cocaine, and methamphetamine. Today, however, law enforcement and prosecution efforts often target prescription drugs, especially opioids. These drugs can be legally prescribed and used; however, fraudulently prescribing or possessing them is a serious criminal offense that could subject you to a term of imprisonment, if convicted, in the State of Florida.
If you have been charged with prescription fraud, it is imperative that you act to protect your rights and defend the charges against you as soon as possible. Unfortunately, overzealous prosecutors do not always get it right when they decide who to prosecute for prescription fraud. Orlando defense attorney Jonathan Rose can help if you are being targeted or have been charged.
Attorney Rose has experience as a prosecutor and as a healthcare and defense attorney in both state and federal court. He is committed to protecting the rights of healthcare professionals and others being investigated for or charged with criminal offenses. He has the knowledge, skill and experience to aggressively defend you against criminal accusations relating to prescription fraud.
Don’t wait until it’s too late. Get the help you need today by contacting Jonathan Rose at 407-894-4555 or by submitting the “Tell Us What Happened” form on this page.
What Is Federal Prescription Fraud?
Both individuals and healthcare professionals can be charged with criminal offenses related to prescription fraud. Moreover, you could face prosecution by the state and/or federal government for prescription fraud.
When investigated and prosecuted at the federal level, prescription fraud typically involves a doctor, pharmacist, or another healthcare provider. Under the United States Code, 21 U.S.C. 841 makes it a crime for a healthcare professional to knowingly and intentionally distribute a controlled substance other than in the usual course of practice and for a legitimate medical purpose, while 21 U.S.C. 846 makes it a crime to attempt or conspire with others to violate 21 U.S.C. 841.
When federal law enforcement authorities are involved, an investigation often centers on an alleged “pill mill” operation. The term “pill mill” refers to a doctor, clinic, or pharmacy that routinely prescribes controlled substances without a sufficient medical reason or fills prescriptions for controlled substances with little or no accountability or concern for the validity of the prescription. Unfortunately, doctors and pharmacists can be swept up in a “pill mill” investigation simply because they have a professional association with a target, even if they are not fraudulently prescribing or filling prescriptions for controlled substances.
If you believe you are being investigated for involvement with a “pill mill” or for any type of prescription fraud, it is very important to take the possibility seriously and address it as soon as possible. Attorney Rose can help by intervening early – before charges are filed – and work tirelessly to prevent prosecution. If prescription fraud charges are filed, he will be prepared to protect your freedom and your future with a compelling, strategic defense.
What Is Prescription Fraud in the State of Florida?
When treating patients, physicians have the authority to legally prescribe various “controlled” substances. Controlled substances are medications that can be legally prescribed but require regulation and oversight and include drugs that fall into classifications such as opioids, stimulants, depressants, hallucinogens, and anabolic steroids.
While these drugs can be prescribed and taken legally, many of them are highly addictive and frequently abused. As such, the State of Florida makes it a crime under Florida Statute Section 893.13(7)(a)(9) to “acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.” A related offense that is often charged along with prescription fraud is found in Florida Statute Section 893.13(6)(a) which states, in pertinent part:
“A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice…”
In simple terms, that section of the statute makes it a crime to possess a controlled substance without a valid prescription. If a prescription was obtained using fraudulent means, it is not a valid prescription, and anyone possessing the drugs can be charged with a criminal offense.
What Actions Can Lead to Prescription Fraud Charges in Florida?
Because the Florida statute is relatively broad, there are a variety of scenarios that could lead to accusations of prescription fraud. These include:
- Forging a prescription using a stolen doctor’s prescription pad
- Seeking treatment from more than one doctor, resulting in multiple prescriptions for the same or similar medications.
- Altering the quantity of a prescription
- Altering the dosage of a prescription
- Misrepresenting a medical condition to obtain a prescription
- Impersonating a physician or other medical professional
- Filling a prescription when you know it’s fraudulent
- Prescribing medication when you question the validity of the patient’s claims/symptoms
- Prescribing medication when you know the patient is doctor shopping
If you are a physician or other healthcare provider facing prescription fraud charges, or you have been charged with possession of a fraudulently obtained prescription, you need a qualified Florida defense attorney with experience handling healthcare and criminal cases. Attorney Jonathan Rose has the experience and dedication you need to protect your rights and defend against criminal charges.
Protecting Doctors and Others Accused of Prescription Fraud with a Strong Defense
Prescription fraud criminal offenses carry harsh penalties if you are convicted. Therefore, it is very important to work with an Orlando prescription fraud defense attorney who has successful experience fighting federal and state charges.
If you are convicted of a criminal offense related to prescription fraud in federal court, you could face a mandatory minimum prison sentence of five to twenty years with a maximum sentence of up to life in prison. The court may also impose hefty fines in addition to a term of imprisonment. Even if you manage to escape a prison sentence, you could face a lengthy term on probation and professional discipline up to and including revocation of your license to practice medicine or dispense prescriptions.
Prescription fraud is a second-degree misdemeanor in the State of Florida. If you are convicted in state court, you may face up to 60 days in prison and a maximum of $500 in fines. If you are also charged with possession of a controlled substance, you will be facing felony charges that carry five years or more in prison if convicted.
Contact an Experienced Orlando Prescription Fraud Defense Attorney
Whether you are a patient or a healthcare professional, being investigated for and/or charged with prescription fraud can be life-changing. You need an experienced Orlando prescription fraud defense attorney on your side right away to ensure that your rights are protected throughout the investigation and/or prosecution.
Orlando prescription fraud defense attorney Jonathan Rose will carefully review your case and consider all possible avenues of defense. As a former prosecuting attorney, he knows the strategies prosecutors use in these cases and is dedicated to putting his knowledge, skill, and extensive experience to work protecting and defending you if you are facing accusations of prescription fraud by state or federal authorities.
If you believe you are being investigated for, or have already been charged with, prescription fraud, do not hesitate to contact Orlando prescription fraud defense attorney Jonathan Rose today by calling 407-894-4555 or submitting the “Tell Us What Happened” form. Get the powerful protection and representation you need today.