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Prescription Drug Fraud+ Laws, Charges & Statute of Limitations

March 21, 2024 Uncategorized

Prescription drug fraud is a growing problem in America. It is estimated that three to 10 percent of healthcare revenue is lost due to prescription drug fraud. Prescription drug fraud is not a victimless crime. Everyone has to suffer as the result of it. Fraud can lead to higher healthcare premiums, higher taxes and higher insurance deductibles.

There are several ways that prescription drug fraud can occur. If you are dishonest with your doctor and pharmacist and obtain a prescription, then this is an example of fraud. You can also be charged with prescription drug fraud if you doctor shop. Additionally, if you use a obtain a prescription drug and use it for non-medical purposes, then you can also be charged with fraud.

Prescription drug abuse became more common in the 1990s due to the introduction of Oxycontin. This is a drug that is an oral version of Oxycodone. It can affect the body for up to 12 hours.

Laws Pertaining Prescription Drug Fraud

The Controlled Substances Act has laws that pertain to prescription drug fraud.

Prescription Drug Fraud And Its Charges

Doctor shopping is one of the main ways that people illegally obtain drugs. People can only get so much medication from one doctor. That is why they will go to multiple doctors in order to get their fix. Today’s medical systems can let doctors know about the other medications that other health care providers have prescribed.

However, there are still ways that patients can deceive doctors. For example, they may claim that they lost their prescription and need to get a new one. There are also several other ways that people can get a prescription illegally.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Creating a fake prescription-It is easier than ever to create a fake prescription because many facilities use computers to create prescriptions.
  • Impersonating a health care provider and writing a prescription
  • Altering the prescription that a health care provider writes
  • Buying prescriptions online-There are many prescriptions that you can buy online. However, it is illegal to buy them if they require a doctor’s prescription, and you don’t have one.

There are some cases when a health care provider may be charged with prescription fraud. For example, they may write a fraudulent prescription. They may also be charged with prescription drug fraud if they write an unusual prescription.

Who Commits Prescription Drug Fraud?

  • Many of the people who abuse prescription drugs are between the ages of 12 and 25.
  • Women and men abuse drugs at the same rate. However, women are more likely to develop an addiction.
  • Prescription drug abuse is growing among adults who are between the ages of 60 and 69.
  • People who already have a history of prescription drug abuse are more likely to abuse prescription drugs.
  • Health care workers also have high rates of prescription drug abuse. They have easy access to drugs.

Punishments for Prescription Drug Fraud

Prescription drug fraud can be classified as a third or fourth-degree felony. If you are charged with a 3rd degree felony, then you can spend anywhere from three to five years in jail. You can spend up to 18 months in jail if you are charged with a 4th degree felony. You can also be forced to pay a fine.

What Is The Statute of Limitations?

The Statute of Limitations is typically three years. However, there are several factors that can affect this. For example, if a person is out of the country, the Statute of Limitations may expire.

Possible Defenses

  • The drugs were obtained through illegal search and seizure. You can argue that your rights have been violated.
  • If the person is a health care provider, then they can argue that they acted in good faith.
  • You are a first-time offender.-Some places will allow you to participate in a pre-trial diversion program and get your charges dropped.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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