Prescription Drug Fraud in New York: Charges for Forged Prescriptions

Thanks for visiting Spodek Law Group – a second-generation criminal defense firm managed by Todd Spodek, with over 50 years of combined experience defending prescription fraud cases throughout New York. Forging a prescription might seem like a minor offense – just trying to get medication. But prosecutors charge it as criminal possession of a forged instrument, a Class D felony carrying up to seven years in prison. If the fraud involves more than $3,000 in medications, you’re facing criminal diversion charges with up to fifteen years.

This article explains what actions constitute prescription fraud, the specific statutes prosecutors use, the penalties for each degree, and the 2025 changes that make prescription fraud easier to detect. We’re covering what matters when prosecutors charge you with prescription fraud.

What Constitutes Prescription Fraud in New York

Forging prescriptions: Creating false prescriptions, altering legitimate prescriptions, or using stolen prescription pads. Possessing the forged prescription is the crime.

Using false identity: Giving pharmacists fake names or falsely representing yourself as a licensed medical professional.

Doctor shopping: Visiting multiple doctors to obtain duplicate prescriptions without informing them. New York’s Prescription Monitoring Program tracks this.

Fraudulent refills: Calling pharmacies claiming to be a doctor’s office and authorizing refills, or claiming prescriptions were lost to get duplicates.

Penal Law 178.26: Fraud and Deceit Related to Controlled Substances

New York Penal Law § 178.26 specifically addresses prescription fraud for controlled substances. It’s the most commonly charged prescription fraud statute.

Prosecutors must prove you made or uttered a false prescription, or obtained controlled substances through fraud. “Uttering” means presenting a forged prescription as legitimate.

Class A misdemeanor. Maximum 364 days jail. Fine up to $1,000 (doubled if you gained money). First-timers often get probation or diversion. Repeat offenders get 90 days to one year jail.

Possessing a forged prescription creates presumption you intended to use it illegally. You don’t need to have filled it – merely possessing is enough.

Criminal Possession of a Forged Instrument: The Felony Charge

When prescriptions are involved, prosecutors can charge under Article 170 – Forgery and Related Offenses. These are felony charges with prison time.

Third-degree (PL 170.20): Class E felony, one to four years. Applies when you knowingly possess a forged prescription with intent to defraud.

Second-degree (PL 170.25): Class D felony, one to seven years. Fine up to $5,000 or double amount gained. Applies specifically when the forged instrument is a prescription.

Prosecutors must prove you falsely created or altered a prescription, knew it was forged, and intended to use it to defraud someone.

Defenses: Lack of knowledge (you didn’t know it was forged) or lack of intent to defraud (you possessed it but never intended to use it).

Criminal Diversion of Prescription Medications: The Major Fraud Charge

When prescription fraud involves substantial dollar amounts or organized schemes, prosecutors charge criminal diversion under Article 178. These are the heavy charges.

Third-degree (PL 178.20): Class A misdemeanor. Applies when transferring a prescription or medication to someone other than whom it was prescribed, for criminal purposes.

Second-degree (PL 178.15): Class D felony, one to seven years. Applies when value exceeds $3,000. Prosecutors use retail pharmacy prices – a few bottles of Oxycodone easily exceed this.

First-degree (PL 178.10): Class C felony, one to fifteen years. Applies when value exceeds $50,000. Targets pill mills, corrupt doctors, pharmacy employees diverting massive quantities.

Prosecutors calculate value using retail pharmacy prices – not street value or what you paid. Multiple fraudulent prescriptions add up quickly.

2025 Changes: Mandatory E-Prescribing and Real-Time PMP Reporting

Starting in 2025, all prescriptions must be electronic. Paper prescriptions are prohibited except in emergencies. This eliminates most forgery opportunities – you can’t steal prescription pads or alter written prescriptions.

Real-time reporting to the Prescription Monitoring Program is now mandatory. Pharmacists see every controlled substance prescription you’ve filled statewide before filling a new one. This makes doctor shopping nearly impossible.

Law enforcement access to PMP data is expanding. Prosecutors routinely subpoena PMP records showing every prescription, prescriber, pharmacy, and date – creating a complete timeline of prescription fraud.

Federal Prosecution for Prescription Fraud

Large-scale fraud triggers federal charges. Health care fraud (18 USC § 1347) carries up to ten years. If the fraud causes serious bodily injury or death, it’s twenty years. Life if death results.

The 2025 National Health Care Fraud Takedown charged 324 defendants nationwide, including 96 medical professionals. Alleged fraud exceeded $14.6 billion.

Collateral Consequences of Prescription Fraud Convictions

Professional license loss: Medical professionals automatically lose licenses upon conviction. Permanent bans – no ability to practice medicine.

Pharmacy employment: Convictions disqualify you from working as a pharmacist, pharmacy technician, or in any position with medication access.

Immigration consequences: Drug-related convictions trigger deportation for non-citizens. Even green card holders face removal proceedings.

Federal student aid: Drug convictions suspend aid eligibility. First offense: two years. Second offense: indefinite unless you complete rehabilitation.

What Spodek Law Group Does in Prescription Fraud Cases

We’ve defended hundreds of prescription fraud cases since 1976, from simple forged prescription charges to multi-million-dollar criminal diversion prosecutions. Our team includes former prosecutors who understand how the government builds these cases – and where evidence fails.

Challenge forgery evidence. Prosecutors must prove you created or altered the prescription. We demand handwriting analysis, chain of custody, and proof you were the person who created the forgery. If the prescription came from a legitimate source – even if issued improperly – you didn’t forge it.

Attack knowledge and intent. If someone gave you a prescription claiming it was legitimate, you lacked knowledge. If you possessed a forged prescription but never attempted to fill it, you lacked intent to defraud.

Challenge valuation in diversion cases. Prosecutors inflate values to reach felony thresholds. Reducing the value below $3,000 drops charges from felony to misdemeanor.

At Spodek Law Group, we focus on getting you the best possible outcome – whether that’s getting charges dismissed, reduced from felony to misdemeanor, or negotiating diversion programs that avoid convictions entirely. You can reach us 24/7 at our offices throughout NYC and Long Island. When a single forged prescription can mean seven years in prison, your defense matters.