Los Angeles Prescription Fraud Defense Lawyers

Aggressive Defense for People Accused of Prescription Fraud in Los Angeles

Given the ongoing opioid crisis in America, prescription fraud has become a major concern for law enforcement across the country. These types of charges are being pursued more aggressively than ever before, so it’s important that those who stand accused retain the services of an experienced defense attorney to obtain the best possible result for their case. Because prescription fraud case convictions have such serious ramifications, it is imperative that those accused contact a lawyer as soon as possible.

If you or a loved one has been charged with any kind of prescription fraud, you must take the necessary steps to safeguard your future. The knowledgeable Los Angeles white-collar crime defense attorneys at Werksman Jackson & Quinn LLP can help you fight your charges, possibly even getting them reduced or dismissed.

The right lawyer makes all the difference in a criminal defense case, but you need to act now. Contact Werksman Jackson & Quinn LLP today at (213) 688-0460 and tell us about your case.

Common Types of Prescription Fraud

There are several major types of prescription fraud, depending on who is charged with committing the crime. Prescription fraud is not a crime exclusive to patients. Doctors are often found guilty of the charge as well. The recent drug epidemic in America has made law enforcement especially wary of doctors committing prescription fraud, and they are quick to issue an arrest if they suspect that a prescription has been illegally given out.

• Doctor Shopping: This is prescription fraud charged against a patient. In this situation, it is claimed that a patient conceals information or uses deceit to get a prescription for a controlled substance from a doctor.
• Illegal Prescriptions: These are prescriptions for controlled substances written by medical professionals such as general practitioners or dentists, which are not issued for legitimate medical reasons.
• Altering Prescriptions: If a doctor physically writes out a prescription for a patient, rather than call a prescription into the pharmacy, then that patient has the opportunity to alter the prescription in order to obtain a different medication or more of the medication they have been prescribed.
• Selling Prescriptions: After receiving prescription medication, a patient may be tempted to sell the medication in order to turn a profit.
• Forging Prescriptions: Doctors will often write prescriptions down on a pad that is specifically marked for prescriptions. If a patient or another medical professional steals this pad, they can write prescriptions that were not authorized by the original doctor.

While altering or forging prescriptions is considered a form of fraud, the charges related to such acts may not necessarily be prescription fraud charges. Additionally, you could face charges like intent to sell or distribute controlled substances.

What is a Controlled Substance?

You may have heard the term “controlled substance” from your doctor as they fill out your prescription or even from the media. However, you may not know what a controlled substance is legally. In the 1970s, the federal government took a special interest in drug crimes and introduced new legislation in order to crack down on related crimes. Part of this effort included categorizing potentially dangerous drugs into different “schedules.” The schedules are numbered one through five, and any drugs that end up on a schedule are considered controlled substances.

Controlled substances are thought to be addictive, with the chance of chemical dependency developing in users. However, many controlled substances do have a medical use and may be prescribed. Using a controlled substance without a prescription is illegal and is likely to result in serious charges. However, a state’s drug schedules may differ from the official federal schedules. For example, marijuana is a Schedule I drug on the federal level, meaning that it is considered highly addictive with no medical use. In California, however, marijuana is legal for recreational use and not considered a controlled substance.

Are There Penalties in Los Angeles for Prescription Fraud?

Prescription fraud in California is a “wobbler,” which means it can be charged as either a misdemeanor or a felony. This is typically at the prosecution’s discretion and often depends on the specific nature and details of each case. As the opioid crisis has become a greater concern, prescription fraud has been charged more aggressively, particularly against doctors – since many people view doctor over-prescription as a major contributing factor in the crisis.

One approach an experienced prescription fraud defense attorney can take is to fight for the lesser charge—getting the incident charged as a misdemeanor rather than a felony. Penalties for each type include:

• Misdemeanor Prescription Fraud: Punishable by up to 1 year in county jail, a fine of up to $1,000, or both.
• Felony Prescription Fraud: Punishable by up to 16 months, two or three years in county jail, a fine of up to $20,000, or some combination of two.

A doctor charged with or convicted of prescription fraud can also face professional censure, including the loss of a medical license. While charges may be enough to begin an investigation by the Medical Board of California, a conviction will weigh heavily in such an investigation and make a license suspension very likely.

Trends in Prescription Fraud in Los Angeles

Prescription fraud in Los Angeles has shown several disturbing trends. The opioid crisis has significantly exacerbated the issue of prescription fraud in Los Angeles. The high demand for drugs like OxyContin and Vicodin has led to a corresponding increase in fraudulent activities aimed at acquiring these drugs.

The profile of those involved in prescription fraud has broadened. In addition to people with substance use issues, organized crime rings have been exploiting the lucrative nature of the black market for prescription medications. The rise in telehealth services during the COVID-19 pandemic has further complicated the issue, providing new challenges for monitoring and regulation of prescription drugs.

Federal and State Laws on Prescription Fraud

The Controlled Substances Act (CSA) is the primary federal statute addressing prescription fraud. It categorizes drugs into schedules based on their potential for abuse and medical utility. Under the CSA, it’s illegal to forge, alter, or use fraudulent prescriptions to obtain controlled substances.

Penalties for violating federal prescription fraud laws can be severe, including hefty fines and imprisonment. The Drug Enforcement Administration (DEA) actively enforces these laws and works closely with local and state authorities to investigate and prosecute offenders. And the Health Insurance Portability and Accountability Act (HIPAA) includes provisions to protect against the misuse of patient information for fraudulent purposes.

The California Health and Safety Code, specifically sections 11153 and 11173, outlines the state’s approach to combating prescription fraud. Under these provisions, it’s illegal to forge or alter a prescription, use a fraudulent prescription to obtain controlled substances, or possess prescription medications obtained through fraudulent means. Penalties may include imprisonment, fines, and loss of professional licensure for medical practitioners involved in fraudulent activities.

California’s database, known as CURES (Controlled Substance Utilization Review and Evaluation System), is an essential tool for tracking prescriptions and identifying potential abuse patterns. Healthcare providers are required to consult CURES before prescribing certain controlled substances, which helps prevent doctor shopping and other fraudulent activities.

Facing federal versus state charges for prescription fraud can have significantly different implications. Federal charges are generally more severe due to the broader scope of federal law and the involvement of agencies like the DEA. Federal sentencing guidelines often result in longer prison terms and higher fines compared to state penalties. Federal cases also carry the added complexity of multi-jurisdictional investigations, which can involve extensive resources and prolonged legal battles. On the other hand, state charges, such as those under California law, may be more focused on local incidents and could result in penalties that are more aligned with state-specific statutes.

Impact of Prescription Fraud on Patients and Doctors

For doctors, being implicated in prescription fraud can have dire professional consequences. Medical practitioners accused of committing such crimes risk losing their medical licenses, which can effectively end their careers. The California Medical Board and similar regulatory bodies in other states take allegations of prescription fraud very seriously and can impose severe disciplinary actions, including suspension or revocation of licensure.

Doctors may face significant financial penalties and legal fees, further compounding the impact of the accusation. Beyond the immediate legal and professional repercussions, there is also the long-term damage to a doctor’s reputation.

Being accused of prescription fraud can have a profound emotional impact on patients. The stigma associated with such charges can lead to feelings of shame, guilt, and isolation. Patients may experience anxiety and depression, especially if they are thrust into legal battles or face the possibility of imprisonment. The accusation can also strain personal relationships, as friends and family may struggle to understand the situation.

Legal Defenses Against Los Angeles Prescription Fraud Charges

For prescription fraud to occur, it must be proven that a patient used deception or similar methods to obtain a prescription. If it can be shown that there was no deceit or fraud involved, such as if a doctor made a prescription error, then that can defend against a fraud charge. Similarly, a doctor must be shown to have knowingly written a prescription for purposes other than legitimate medical reasons. A strong defense against such a charge includes showing that the prescription was written in good faith and for proper medical reasons.

Finding the right defense for your case, however, will require an in-depth examination of your charges and the circumstances around the alleged fraud. A skilled Los Angeles defense lawyer will be able to build a defense from the information they obtain during their investigation. Some common defenses that our attorneys have used in the past include:

• You did not use deceit or fraud to get the prescription
• Your arrest was unlawful
• You were a victim of entrapment
• The patient left out key information when you filled out their prescription

Determining the best defense and course of action for your case will require experience, skill, and tenacity. While a public defender will be made available to you, you will need a lawyer who can give you their undivided attention. You need the best law firm, and you shouldn’t settle for anything less.

Ways to Prevent Prescription Fraud in Los Angeles

Patients can take several steps to avoid being accused of prescription fraud. When possible, it’s best to use a single primary care physician and pharmacy to manage prescriptions, which helps maintain a consistent medical record. Be transparent with your doctor about all medications you are taking, including over-the-counter drugs and supplements.

Never alter a prescription or share it with others. If you have questions or concerns about your medication, discuss them directly with your healthcare provider. It’s also important to store medications securely and properly dispose of unused medications to prevent misuse.

There are several best practices that doctors can implement to prevent prescription fraud in their practices. Doctors must always verify the identity of patients before issuing prescriptions, especially for controlled substances, and utilize prescription drug monitoring programs (PDMPs) like California’s CURES to track patient prescription histories and identify potential patterns of abuse.

It’s important to be cautious with patients who frequently request specific medications or higher doses than medically necessary. Regularly update and review patient records to ensure accuracy and consistency. Educate staff about the signs of prescription fraud and establish clear protocols for reporting suspicious behavior.

Pharmacies play a crucial role in preventing prescription fraud. Pharmacists should always verify the authenticity of prescriptions, especially for controlled substances, by cross-checking with prescribing doctors if any discrepancies arise. Pharmacists must be trained to recognize red flags, such as patients presenting multiple prescriptions from different doctors or those who frequently request early refills.

Our Los Angeles Defense Lawyers Help Fight Prescription Fraud Charges

Prescription fraud can be a serious charge, especially when charged as a felony. Since the opioid epidemic, our court system has taken these sorts of charges incredibly seriously, and you are unlikely to get much sympathy from the judge or jury. Defeating the prosecution will take a lot of work.

Do not leave things up to chance or hope a public defender has the time to really focus on your case—let Werksman Jackson & Quinn LLP fight for you. Call one of our experienced Los Angeles prescription fraud defense attorneys at (213) 688-0460.

Additional Information

• Prescription Fraud: Doctors Under the Microscope