Prescription Drug Fraud Charges in Florida: Patients, Pharmacies, and Prescribers
Prescription drug fraud charges in Florida can involve patients, caregivers, pharmacy staff, and medical professionals. Allegations may include altered or forged prescriptions, seeing multiple doctors for the same medication, or prescribing and dispensing outside legitimate medical practice. These cases can be charged in Florida state court, federal court, or both, and they can also affect professional licenses.
Below is a general explanation of how these cases are handled under Florida law and in the federal system, at the time of this writing. Every case is different and laws change, so for answers about your own situation, call or text Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.
The Laws Involved
In Florida, obtaining a controlled substance by fraud or forgery is generally addressed under Section 893.13, Florida Statutes (Prohibited acts; penalties). In the federal system, these cases are typically charged under 21 U.S.C. § 843 (Prohibited acts C), which generally covers obtaining controlled substances by fraud or forgery. As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
How Florida Generally Treats Prescription Drug Fraud
Under Florida law, prescription fraud generally involves obtaining, or trying to obtain, a controlled substance or medicinal drug through deception, such as a forged or altered prescription, a false name, or withholding information from a doctor about other prescriptions. Florida’s prescription drug monitoring program gives investigators a record of prescriptions filled across pharmacies.
How serious the charge is generally depends on the drug involved and the conduct alleged. For licensed professionals, a criminal case can be accompanied by a separate licensing investigation. Pretrial diversion programs also exist, and some people may qualify. Our posts on Hillsborough pretrial intervention and Pinellas pretrial intervention explain more.
When Prescription Drug Fraud Becomes a Federal Case
Prescription drug cases become federal more often when they involve doctors, pharmacies, clinics, large quantities, or billing to Medicare or other federal programs. Federal law generally treats prescribing or dispensing outside the usual course of professional practice as unlawful distribution.
These cases are often investigated by the DEA’s Diversion Control Division, the FBI, or the Department of Health and Human Services Office of Inspector General. Prescription and pill-clinic cases from the Tampa Bay area are generally prosecuted in the Middle District of Florida, and some involve state charges first. Our federal offenses page covers how federal cases generally proceed.
How Prescription Drug Fraud Investigations Often Start
These investigations often begin with a pharmacist’s report, a prescription monitoring database flag, an insurance or Medicare audit, or a tip from a co-worker. Some people first learn of an investigation from a detective call, a target letter, or a search warrant at a clinic, pharmacy, or home.
Attorney Ron Frey generally advises that anyone contacted by investigators or a licensing board about a prescription matter speak with an attorney before making any statements, since what is said in one setting can be used in another.
What a Prescription Drug Fraud Defense Generally Looks At
Every case turns on its own facts. In general, a defense may look at whether the prescriptions were legitimate, whether the person knew of any forgery or alteration, whether medical records support the treatment, how database records were interpreted, and how the evidence was gathered. Prescription and billing records can be complicated and do not always mean what investigators assume.
Attorney Ron Frey has over 20 years of experience defending people in both Florida state court and federal court. He also brings a strong financial background to these cases. He earned a Bachelor of Science in Business Administration, with a major in finance, and a Bachelor of Science in Economics from John Carroll University, which helps him understand the billing and financial records that can sit at the center of prescription and health care fraud cases.
Questioned About a Prescription Matter? Call Attorney Ron Frey.
Prescription cases often involve a criminal investigation and a licensing review at the same time, and the two need to be handled together. If you or a family member has been accused of prescription drug fraud, or contacted by investigators or a licensing board, get legal advice before responding to either. Attorney Ron Frey represents people facing Florida state and federal charges in Tampa, Hillsborough County, Pinellas County, and the Middle District of Florida. Call or text for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read about fraud and bribery charges in Florida or learn more about our professional licensing defense.
This post is general information at the time of this writing and is not legal advice. Laws change often, so contact an attorney about your specific situation.