What Is The Criminal Penalty For Running Illegal Pharmacies?

February 15, 2012

The federal government has made prosecution for facilitating prescription drug abuse a priority and will investigate pharmacies for drug diversion.  In keeping with this mandate, all persons associated with running a pharmacy that dispenses drugs under less-than stringent standards may be prosecuted.  The government has prosecuted not just the doctors writing prescriptions, but also the [...]

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What Is Soft Insurance Fraud?

February 3, 2012

You may be tempted to exaggerate when making an insurance claim.  Maybe you feel that you deserve more than the typical claim for injuries or damages sustained from an accident.  A complicit doctor, mechanic or other professional may even help you in inflating those costs to secure bigger payments from the insurance company?  Does this [...]

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What Are Scare Tactics Used By Federal Investigators For Drug Diversion In Long Island?

February 3, 2012

At times, federal agencies investigating drug diversions, such as the DEA, can scare doctors, pharmacists and others into cooperating with their investigation.  This is sometimes accomplished by overstating the legal liability a doctor would have in a patient’s actions. If a patient has been doctor shopping, it is very likely that the doctor will have [...]

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Can I Be Charged With A Crime For Making A False Health Insurance Claim In New York?

February 3, 2012

Yes.  Every state, including New York, has laws that punish false insurance claims, which is a form of fraud.  False insurance claims include exaggerating a legitimate claim, falsifying an injury for the purposes of making a claim and staging an accident to obtain a payment greater than the damage caused by the accident. Since these [...]

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What Is “Official Misconduct” And How Can It Apply To You?

February 2, 2012

According to section 195.00 of the New York Penal code, “official misconduct” is when a public servant (i.e. government officials, police employed by a government agency or state) knowingly engages in an unauthorized act that relates to his or her official responsibilities with the intention of benefiting from it or to “deprive another person of [...]

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Can My Lawyer Be With Me During Grand Jury Process In New York?

January 8, 2012

The short answer is no, at least not in federal grand jury. Rule 6(d) of the Federal Rules of Criminal Procedure describes who may be present when the grand jury is in session. These are prosecutors, the witness who is being questioned, interpreters, and a court reporter. When the grand jury deliberates and votes, only [...]

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How Can Long Island Physicians Get Into Trouble By Overprescribing OxyContin and Vicoden?

January 3, 2012

Extended severe pain destroys the quality of life, making prescription of opioids such as OxyContin and Vicoden the main tool of trade in most pain management practices. However, because of the nature of these drugs, abuse is frequent, making pain management a minefield for many New York physicians as well as for pain management doctors [...]

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What Is The Computer Fraud And Abuse Act (CFAA) Of 1986?

December 29, 2011

The Computer Fraud and Abuse Act of 1986 was the first piece of federal legislation to prescribe criminal penalties for hacking, tampering and accessing protected computers belonging to financial institutions or the US government.  Additionally, it made most forms of computer fraud a federal matter due to the interstate nature of these schemes.  The CFAA [...]

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What Should I Do If I Am Implicated In A Ponzi Scheme In Long Island, New York?

December 29, 2011

A Ponzi scheme is any fraudulent organization that pays some investors with the payment of other investors.  This gives some investors the illusion that their investment is profitable. Ponzi schemes are marked by high returns for the early investors and perpetrator, but will rely on an ever-increasing base of new investors to maintain those profits.  [...]

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How Does A New York Corporation Protect Itself From Federal Prosecution?

December 22, 2011

As with any large entity, there will inevitably be breaches of conduct, discipline and sometimes even the law.  To prevent this, most corporations will have a compliance unit or program that will train employees on ethics and compliance with the law.  The effectiveness of this compliance program will be an important factor in a federal [...]

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