Can You Get Federal Criminal Charges for Prescription Fraud?

 Posted on May 20, 2025 in Fraud

Physicians work under enormous pressure to meet patient needs, comply with federal regulations, and maintain efficient clinical operations. But even small errors or questionable business practices can trigger federal criminal investigations, especially when controlled substances or Medicare billing are involved. Prescription fraud is one of the most aggressively prosecuted white-collar crimes in the United States, and doctors are increasingly in the crosshairs.

Our Chicago federal criminal defense attorney fights for physicians and other healthcare professionals facing prescription-related criminal charges. If you are being investigated or have already been indicted, it is crucial to act quickly and speak with a defense attorney who understands both the medical and legal issues at stake.

What Is Prescription Fraud?

Prescription fraud can take many forms. Federal authorities may allege that a physician issued prescriptions for narcotics, stimulants, or sedatives without a valid medical purpose. In some cases, charges are based on claims that the doctor did not properly evaluate the patient or falsified records to justify certain prescriptions. Physicians may also be accused of billing Medicare or Medicaid for fraudulent prescriptions or writing prescriptions for family, staff, or people who never received treatment.

These allegations are typically investigated by agencies like the DEA, FBI, and the Department of Health and Human Services. Investigations may include audits, interviews, patient testimony, or even surveillance involving undercover agents or informants.

What Charges Do Physicians Face for Prescription Fraud?

Doctors accused of prescription fraud may face several types of federal charges. These often include violations of the Controlled Substances Act, healthcare fraud statutes, and laws related to wire fraud and conspiracy. The exact charges depend on the facts of the case, but the penalties can be severe. Convictions often lead to prison time, permanent revocation of a medical license, exclusion from federal healthcare programs, and large financial penalties.

What Are the Defenses Against Prescription Fraud Charges?

Prescription fraud cases often revolve around whether a physician acted in good faith and followed accepted clinical practices. Many cases are not about overt criminal intent but about how a doctor's conduct is interpreted after the fact. When defending against these charges, a skilled attorney may question the accuracy of the evidence or the fairness of the investigation.

A knowledgeable criminal defense lawyer may challenge the following:

• Whether a legitimate physician-patient relationship existed

• Whether the medications were prescribed for an actual medical condition

• Whether documentation errors were intentional or negligent

• Whether any third party, such as billing staff or office managers, may be responsible for misconduct

Contact a Chicago, IL Federal Criminal Defense Lawyer

Prescription fraud charges are different from most criminal cases. These investigations require a deep investigation of medical practice, clinical decision-making, and health care regulations. Prosecutors rely on experts, and the defense must be equally prepared with professional insight and legal strategy.

If you are a physician facing federal criminal charges for prescription fraud, contact an Illinois federal fraud defense lawyer at Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney to schedule a free consultation. We represent health care professionals accused of federal offenses throughout Illinois and are committed to safeguarding your future. Call 312-629-0669 today for discreet, experienced legal support.