The popularity of counterfeit prescription drugs has risen during the past few decades. This increase is largely due in part to the Internet. Purchasing prescription medications via the Internet has become extremely easy, as well as convenient. This approach to purchasing prescription medications also gives people a cheaper option, oftentimes. However, such ease and convenience can prove to be disastrous. Prosecutions have resulted from the online sale of counterfeit prescription drugs. Such online sales have caused an increase in said prosecutions. Selling, manufacturing, marketing, transporting or distributing counterfeit prescription drugs is a crime that is punishable by state and federal laws. This crime can result in serious penalties and charges. Depending upon your situation, you may have exposed yourself to only a hefty fine, or to a more problematic, lengthy prison sentence. Either way, you will need a lawyer who is well-versed in counterfeit prescription medication cases. You need a knowledgeable lawyer who understands the intricacies of these cases. Perhaps you would have a better grasp of your case if you were educated on what constitutes a counterfeit prescription drug charge.

Counterfeit Prescription Medication Fraud

Fraud involves the selling, production and marketing of counterfeit prescription medications. Fraud has been committed when promises have been made to deliver a service or product under false pretenses in exchange for money. If an online buyer has been told that Percocet will be sent to him, but in actuality Tylenol is sent to him instead, then this is fraud because a lie was told to the online buyer. Because fraud is considered to be a federal crime, it carries a stiff penalty.

In accordance with the law, in order for fraud to have been perpetrated, a statement must be materially and intentionally bogus. This means that first, a statement that you knew to be untrue was given. In other words, although you knew that the online medication that was on sale was not Percocet, you still told the buyer that it was. Secondly, the statement that was given by you must be material to your case. In other words, the statement must be relevant to your case. The transaction never would have occurred if it had not been for your false statement. Therefore, your false statement is significant to your case.

Counterfeit Prescription Medication Charges

All prescription medications are regulated by the federal government. As such, the prevention of counterfeit medication sales falls under the same umbrella. However, you cannot be charged with a federal crime unless an interstate sale occurred. If the selling, marketing and purchasing all happened in one place, then federal regulations are not applicable. But, state laws do apply. If you crossed state lines in order to conduct the transaction, then you can be charged with a federal crime. And, since online sales are included in interstate commerce, they are thus regulated by the federal government. It should be noted that each individual sale is considered to be a separate violation. What this means is that instead of being charged with only one violation, you could be charged with multiple violations depending upon how many transactions occurred.

Another complication that can arise in this type of case is physical damage. If the buyer’s health suffers as a result of taking the fake prescription drug, then this occurrence could be detrimental to your case. If it can be proven that your misrepresentation of the drug caused physical damage to the buyer, then you could be facing a longer period of incarceration.

Counterfeit Prescription Medication Penalties

The severity of your case will determine the extent of the punishment. For a fraud charge, you could receive a maximum prison sentence of five years. If it is proven that there was not any intent to defraud, then you could receive a $1000 fine and a maximum prison sentence of one year. If it is proven that there was an intent to defraud, then you could receive a maximum fine of $10,000 with a 3-year prison sentence, ideally. A judge can impose a fine, a sentence or both. It should be noted again that since each transaction is equivalent to one crime, then your prison sentence could increase.

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Legal Scenario: What Would You Do?

Scenario

Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.

Can they take patient records without patient consent?

Attorney's Answer

A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.

This is general information only. Contact us for advice specific to your situation.

Seek Assistance

When faced with a counterfeit prescription medication charge, it would be in your best interest to consult a lawyer who is equipped to handle such a case. Whether you are an individual or a company, you will need representation. You will need a lawyer who is knowledgeable enough to know exactly how to proceed with your case. He can determine if you unknowingly or intentionally participated in counterfeit prescription medication sales. From there, he will be able to build your defense and fight for you.