Prescription drug fraud can be broken into categories. On the one hand, there are individuals who are able to fraudulently acquire prescription drug and make fake prescriptions to fulfill their addiction to prescription drugs. On the other hand, there are individuals who convince others to trick doctors into believing that they need prescription drugs, such as Percocet or OxyContin. The individuals who fraudulently obtain the prescription drugs will then sell them relatively cheaply to the buyer. The buyer in turn sells them at an increased price to a middleman, or sells them directly to prescription drug addicts.
Defending Individuals Who Fraudulently Acquire Prescription Drugs for Personal Use
Individuals who fraudulently acquire prescription drugs are sick. They are addicts, and they need treatment for their addiction. In cases like these, our defense team will work tirelessly to show the prosecutor, a judge, or jury that our client’s prescription drug fraud is in fact a symptom of the disease they have. Our goal would be to encourage treatment as opposed to punishment. Our criminal defense attorneys would work tirelessly with our clients to see to it that they attend the treatment programs they need and that they stay away from other criminal activity that could result in them going to jail. Our attorneys at the law firm of Raiser & Kenniff have been successful in helping clients in these circumstances receive the treatment they need and get a fair hearing in court.
Defending Individuals Who Intended to Sell Illegal Prescription Drugs
The situation is a little bit more difficult when dealing with individuals who commit prescription fraud in an attempt to sell drugs to others. In these circumstances the motivating factor is a financial reward. Fraud is not a symptom of an illness, but instead it is a means to an end to get money. It is easy for the DEA to review a person’s prescription history. If they see that an individual has been purchasing an exorbitantly large amount of a particular prescription drug, maybe even making visits to multiple doctors, the DEA can make a case of fraud against these individuals. While these cases are more challenging to defend against, creating a good defense is not impossible. Our legal team has more than 30 years of combined experience dealing with cases of fraud, and we are committed to using that experience to help our clients who have been accused of prescription fraud get a fair hearing in court.
Cases against Doctors and Pharmacists
Doctors and pharmacists at times find themselves accused of prescription fraud. This is especially case when it is proven that doctors write prescriptions without doing their due diligence. If a doctor prescribes a drug without first examining the patient’s medical history, or without conducting an examination of the patient, prosecutors could find that a doctor did not have justifiable reasons to write the prescription, and they could be charged with fraud.
Cases that are presented against doctors, pharmacists, or wholesalers usually hinge on the testimony of someone who was either aware of or involved in the alleged fraud and is now cooperating with the prosecutor. The best defense in these cases is to put into doubt the testimony of the “credible” witness.
In circumstances where the evidence against the defendant is overwhelming, it may be in the defendant’s best interest to settle for a plea deal. Even in these circumstances, our attorneys can help keep our client’s sentence low. For example, if our attorneys can prove that our client did in fact use some of the prescription pills for their personal use instead of simply selling them, a client’s sentence may be reduced. This is due to the fact that in most cases a client is sentenced based on the number of pills they obtained fraudulently and the number of pills they either sold or attempted to sell.
If you or a loved one is currently being charged with prescription fraud, we warmly invite you to contact our attorneys at law office of Raiser & Kenniff. We have dealt with a wide variety of prescription fraud cases and we have had positive results. We understand that when an individual or their family member is charged with a serious crime, the first thing a person thinks about is the worst possible outcome. Our goal is to work with you to help you see how your case can be defended and provide you with the most positive outcome possible.