Will I Go to Jail for Online Pharmacy Scams?

If you're involved in or being investigated for an online pharmacy scam, you're likely feeling anxious and uncertain about your future. At Spodek Law Group, we understand how frightening it can be to face potential criminal charges. Our experienced federal defense attorneys are here to help guide you through this difficult situation and fight to protect your rights and freedom.

What Are Online Pharmacy Scams?

Online pharmacy scams typically involve websites that illegally sell prescription medications without proper licensing or authorization. These scams often:

• Sell counterfeit or substandard drugs
• Dispense prescriptions without a valid prescription from a doctor
• Operate without proper pharmacy licenses
• Fail to employ licensed pharmacists
• Lack physical addresses in the U.S.
• Mishandle customers' personal and financial information

The FDA estimates that 97% of online pharmacies are operating illegally. This widespread problem has led to increased scrutiny and enforcement by federal authorities.

Potential Criminal Charges

Involvement in an online pharmacy scam can lead to serious federal charges, including:

• Conspiracy to distribute controlled substances
• Distribution of misbranded drugs
• Wire fraud
• Money laundering
• Identity theft

Specific statutes that may apply include:

• Controlled Substances Act (21 U.S.C. § 841)
• Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 331)
• Wire Fraud (18 U.S.C. § 1343)
• Money Laundering (18 U.S.C. § 1956)

Potential Penalties

The penalties for online pharmacy scams can be severe, potentially including:

• Lengthy federal prison sentences - Up to 20 years or more for some charges
• Hefty fines - Up to $1 million for individuals
• Asset forfeiture
• Restitution to victims
• Loss of professional licenses

For example, in United States v. Xu, a defendant convicted of operating an illegal online pharmacy was sentenced to 18 years in prison and ordered to forfeit $1.4 million in illegal proceeds.

Factors That Impact Sentencing

If convicted, several factors can influence the length of a prison sentence:

• Volume of drugs distributed
• Type of drugs involved
• Prior criminal history
• Role in the operation
• Use of sophisticated means
• Number of victims

The federal sentencing guidelines provide a framework, but judges have discretion in determining sentences.

Will I Definitely Go to Jail?

While prison time is a very real possibility for online pharmacy scams, it's not guaranteed in every case. Factors that may help avoid jail time include:

• First-time offender status
• Minor role in the operation
• Cooperation with authorities
• Acceptance of responsibility
• Strong mitigating factors

Our experienced defense attorneys at Spodek Law Group will work tirelessly to build the strongest possible defense and pursue alternatives to incarceration whenever possible. We have a proven track record of achieving favorable outcomes for our clients facing serious federal charges.

How We Can Help

If you're under investigation or facing charges related to an online pharmacy scam, having a skilled federal defense lawyer is crucial. At Spodek Law Group, we have extensive experience defending clients against complex white collar and cybercrime charges.Our approach includes:

• Conducting a thorough investigation
• Identifying weaknesses in the prosecution's case
• Negotiating with federal prosecutors
• Pursuing pretrial motions to suppress evidence
• Developing a compelling defense strategy
• Advocating for reduced charges or sentences

We understand the nuances of federal prosecutions and how to effectively navigate the system to protect our clients' rights and freedom.Don't face this alone - contact Spodek Law Group today at 212-300-5196 for a free consultation. Our dedicated attorneys are here to fight for you.

Key Defenses for Online Pharmacy Charges

When defending against online pharmacy scam allegations, there are several potential defenses we may pursue:

Lack of Knowledge

If you were unknowingly involved in an illegal operation, we may argue that you lacked the required criminal intent. For example, in United States v. Bansal, the court found that employees who processed orders for an illegal online pharmacy were not guilty because they did not know the operation was unlawful.

Entrapment

If law enforcement induced you to commit a crime you were not predisposed to commit, we may raise an entrapment defense. This can be challenging to prove but may apply in some cases of overzealous investigations.

Fourth Amendment Violations

We'll scrutinize how evidence was obtained and may move to suppress anything collected through illegal searches or seizures. Even minor procedural violations by investigators can sometimes lead to key evidence being thrown out.

Lack of Evidence

The prosecution must prove every element of the charges beyond a reasonable doubt. We'll work to expose any gaps or weaknesses in their evidence.

Statute of Limitations

Federal charges generally must be brought within 5 years of the alleged offense. If the statute of limitations has expired, we'll move for dismissal.

Jurisdictional Issues

For international operations, complex jurisdictional questions may arise. We'll examine whether U.S. authorities have proper jurisdiction to bring charges.Our attorneys at Spodek Law Group will thoroughly evaluate your case to identify and leverage the strongest available defenses. We have the experience to anticipate the prosecution's strategies and proactively counter them.

What to Do If You're Under Investigation

If you suspect you're under investigation for involvement in an online pharmacy scam, it's critical to take the following steps:

1. DON'T talk to investigators without an attorney present. You have the right to remain silent - use it!
2. DON'T destroy evidence or obstruct the investigation in any way. This can lead to additional charges.
3. DO contact an experienced federal defense attorney immediately. Early intervention is key.
4. DO preserve all relevant documents and records. Your attorney will need these to build your defense.
5. DO be prepared for search warrants to be executed at your home or business. Have a plan in place.
6. DON'T discuss the case with anyone other than your attorney. Conversations with others aren't privileged.

At Spodek Law Group, we offer 24/7 availability to address urgent situations. Don't hesitate to call us at 212-300-5196 if you need immediate assistance.

Conclusion

Online pharmacy scams are taken very seriously by federal authorities, and convictions can result in lengthy prison sentences. However, with the right legal representation, it may be possible to avoid jail time or minimize the consequences you face.At Spodek Law Group, we have the experience, skill, and dedication to provide you with a robust defense against online pharmacy charges. We understand the complex legal and technical issues involved in these cases and how to effectively challenge the prosecution's evidence.Remember, an investigation or arrest does not equal a conviction. There are many ways to fight these charges, but it's critical to act quickly and get an experienced federal defense attorney on your side as soon as possible.Don't let fear paralyze you - take action to protect your rights and your future. Contact Spodek Law Group today at 212-300-5196 for a free, confidential consultation. We're here to fight for you every step of the way.