1st Nov 2016
Doctors and pharmacists may find themselves on the wrong side of the line due to suspicion of suspected prescription drug fraud. A South Florida criminal defense attorney can explain the charges against you. Additionally, a South Florida criminal defense attorney can advise you throughout the process so that you have the best chances of avoiding the significant penalties that can arise from a conviction.
There are a variety of ways that a person can face prescription drug fraud cases. One of the most common is when a medical professional overcharges for Medicare and Medicaid prescription drugs. Another form of prescription occurs when medical professionals receive monetary benefits from prescribing particular drugs that their patients do not actually need. Selling drugs or marketing them for purposes other than those that the FDA has approved can also result in charges of this nature.
While the United States Constitution protects against being charged criminally twice for the same crime, individuals who are charged with pharmaceutical fraud may also face a civil complaint. A civil RICO case can be brought and a person can be found guilty in a civil case even if acquitted in a criminal case. This is because the burden of proof is not as stringent in a civil case as it is in a criminal case. In a civil case, the jury only has to find that you are guilty by a preponderance of the evidence rather than finding you guilty beyond a reasonable doubt. Being found guilty in a civil case can result in monetary losses in the form of restitution payments, damage to your reputation and the potential loss of your business.
It is important to discuss your case with a legal professional who is knowledgeable about the laws surrounding pharmaceutical fraud and criminal defense. The sooner that you contact a lawyer, the sooner he or she will be able to assist in pre-trial investigations and other matters.