Coral Gables Prescription Drug Fraud Lawyers: Protecting Your Rights
What is Prescription Drug Fraud?
Prescription drug fraud involves the intentional deception or misrepresentation to obtain or fill prescription medications. Common examples include:
- Doctor shopping – Seeing multiple doctors to get duplicate prescriptions
- Pharmacy shopping – Filling prescriptions at various pharmacies to get more medication
- Forging or altering prescriptions
- Selling prescription medications to others
- Stealing doctor’s prescription pads and writing fraudulent scripts
- Billing insurance for medications that were not dispensed
Most prescription fraud cases are charged under federal law. The main statute is Health Care Fraud under 18 U.S. Code § 1347. Defendants face up to 10 years in prison and massive fines around $250,000. However, penalties can be much harsher depending on the scope of the fraud.
Why You Need an Experienced Federal Defense Lawyer
Prescription drug cases are complex. The government often conducts lengthy investigations, analyzes medical and pharmacy records, and flips cooperating witnesses.
An experienced federal prescription fraud lawyer can analyze the prosecution’s case for weaknesses. For example, we may find improper investigative tactics, mistakes in medical evidence, or biased witnesses. An aggressive lawyer can also negotiate with prosecutors for reduced charges or punishments.
Key Defense Strategies
- Lack of criminal intent – If you had a legitimate medical need and were unaware of any deception, this could show you never intended to break the law.
- No knowledge – If others used your identity or prescriptions without your knowledge, you may not be responsible.
- Improper procedures – We scrutinize the government’s procedures to see if there were any flaws in the investigation or errors in handling evidence. Violations of your rights could lead to suppressed evidence or dismissed charges.
- Mitigating circumstances – There may be extenuating circumstances like addiction, mental illness, or financial distress that led to the fraud. This could gain sympathy from prosecutors and judges.
- Sentencing mitigation – Even if charges stick, an experienced lawyer can advocate for reduced sentencing ranges and alternative punishments to incarceration.
- Cooperation – In some cases, it may be beneficial to cooperate with authorities in exchange for lesser charges. An attorney can advise if this is a wise legal strategy.
The bottom line is – an aggressive defense can make a huge difference in these high-stakes cases. The right Coral Gables prescription fraud lawyer will thoroughly examine the prosecution’s evidence, raise every possible defense, and fight tirelessly for the best resolution.
Recent Local Prescription Fraud Cases
To understand the severity of these charges, let’s look at some real cases of prescription drug fraud prosecuted in Florida:
- In June 2022, the DOJ announced charges against 14 defendants in a massive $1.9 billion telemedicine and equipment fraud scheme. The defendants allegedly accepted kickbacks for funneling orders through shady telemedicine companies and pharmacies.
- In 2021, a Coral Gables doctor and three staff members were indicted for falsifying clinical trial data related to pharmaceutical studies. According to the charges, the defendants fabricated trial data results to deceive regulators and put patients at risk.
- A 2014 Medicare fraud scheme involved an HIV clinic in Coral Gables bilking taxpayers by filing fraudulent claims. Four defendants were charged with using the clinic to obtain and sell prescription drugs illegally.
These cases highlight how local prescription fraud often intersects with other criminal activities like kickbacks, health care fraud, and distribution of controlled substances. The penalties can be severe under multiple federal statutes.
The Bottom Line
Allegations of prescription drug fraud can ruin careers, reputations, and lives. But an experienced Coral Gables prescription fraud lawyer can stand up to federal prosecutors and protect your rights. With an aggressive defense focused on reasonable doubt, there are many ways to achieve the best possible outcome – whether that’s reduced charges, alternative sentencing, or even dismissed indictments. Don’t wait to seek legal counsel if you’re being investigated or charged. Prescription fraud cases move quickly, and you need skilled representation on your side from day one.