Prescription Fraud Offense

Prescription Fraud: What is it and What are the Consequences in Texas

Prescription drug fraud — obtaining controlled substances through deception, forgery, or other illegal means — has become an increasing problem across the U.S. With over 131 million Americans using prescription medications, there are unfortunately ample opportunities for fraud. This article will cover what constitutes prescription fraud in Texas, penalties for conviction, and potential defenses.

What is Prescription Fraud?

Prescription fraud involves acquiring prescription drugs illegally, through some form of deception, misrepresentation, forgery, or subterfuge. Common examples include:

• “Doctor shopping” — visiting multiple doctors to get prescriptions for the same drugs
• Altering a legitimate prescription to get more pills or higher doses
• Using someone else’s prescription or a stolen prescription form
• Calling in fake prescriptions while impersonating a doctor or medical office employee
• Providing false information on applications or records to get prescription drugs

Essentially, prescription fraud means obtaining controlled substances without a valid medical purpose, through fraudulent means. This includes things like faking injuries or illnesses to get painkillers or stimulants.

Why Do People Commit Prescription Fraud?

Those who commit prescription medication fraud often do so because they have developed an addiction and dependency. Prescription opioids, stimulants, and sedatives can be highly addictive. As tolerance increases, some turn to illegal means to get their “fix” and feed their addiction.

Others may commit prescription fraud to sell the medications illegally for profit. There is a thriving black market for prescription drugs like OxyContin, Adderall, and Xanax. Still others — often teens — share or misuse prescription drugs recreationally without fully realizing the legal consequences.

What Substances are Most Commonly Involved in Fraud Cases?

The prescription drugs most susceptible to fraud are controlled substances in Schedules II-IV. According to Texas statutes, these include:

Schedule II: Substances like morphine, fentanyl, oxycodone (OxyContin), methadone, amphetamines, cocaine, and methamphetamine. Schedule II drugs have a high potential for abuse and addiction.

Schedule III: Drugs like Tylenol with codeine, ketamine, anabolic steroids, testosterone, hydrocodone (Vicodin), and buprenorphine.

Schedule IV: Prescriptions like Xanax, Soma, Valium, Ativan, Ambien, and Tramadol.

What are the Most Common Prescription Fraud Offenses?

There are a variety of offenses that can lead to charges under Texas Health and Safety Code §481.129. Some of the most common include:

• Doctor Shopping: Visiting multiple doctors to obtain prescriptions for the same medications
• Prescription Forgery: Changing a legitimate prescription to get more pills, higher doses, or different medications
• False Prescriptions: Calling in fake prescriptions while impersonating a doctor or medical office employee
• Using Another’s Prescription: Using someone else’s prescription or a stolen prescription form
• Prescription Alteration: Changing a legitimate prescription to get more pills or higher doses
• Fraudulent Information: Providing false information on applications or records to illegally obtain prescription drugs

What are the Penalties for Prescription Fraud in Texas?

Prescription fraud charges can range anywhere from a Class B misdemeanor to a first-degree felony, depending on the details of the case and the defendant’s criminal history. Potential penalties include:

• Up to 2 years in state jail for a state jail felony
• 2-20 years in prison for a second or third-degree felony
• 5 years to life in prison for a first-degree felony
• Up to $10,000 in fines

Penalties tend to be more severe if the fraud involves Penalty Group 1 controlled substances like cocaine, heroin, methamphetamine, fentanyl, and oxycodone. Prior felony convictions can also increase sentences if convicted again.

What are Some Legal Defenses in Prescription Fraud Cases?

If you are facing charges for prescription fraud, potential defenses that an experienced criminal defense lawyer may use include:

Lack of Intent: Argue that you never intended to break the law or defraud anyone. For example, you reasonably believed an old prescription was still valid or didn’t realize altering a prescription was illegal.

Misidentification: Argue that you are not the actual person who committed the fraud or forgery. Perhaps someone stole your prescription pad or falsely used your medical license.

Coercion: Argue you were coerced or threatened into committing the fraud by an abusive spouse, relative, or prescription drug trafficker.

Necessity: Argue you desperately needed the medication for an illness, injury, or chronic condition, though should have gone about acquiring it legally.

Procedural Errors: Look for issues with how the police conducted the investigation or errors in collecting evidence. File motions to suppress evidence or statements accordingly.

Conclusion: Don’t Delay, Consult an Attorney Today

Prescription drug fraud is a growing problem that Texas and federal officials take very seriously. The penalties for even low-level offenses can be severe and life-changing. Never assume you can just explain it was a mistake or you didn’t know it was illegal. The stakes are too high.

If you or someone you care about is facing prescription fraud charges, consult with a criminal defense lawyer immediately. An experienced attorney can carefully examine the details of your case, advise you on the realistic outcomes, and build the strongest defense to mitigate penalties. Don’t leave your fate to chance. Schedule a consultation today.