Federal Law Firm Handling Drug Importation Charges & Online Pharmacy Cases
“Can I be charged for buying drugs from an illegal online pharmacy?”
This is a question we hear a lot from concerned citizens, parents, and professionals across the United States. The rise of illegal online pharmacies has made it easier than ever to access prescription medicines without a valid prescription. In the same way, it has created substantial risks for those who engage in illegal drug purchases.
If you are facing charges for illegal online drug purchases, you can contact us for a free and confidential consultation.
Federal Prosecutors Are Targeting U.S. Customers of Illegal Online Pharmacies
Federal prosecutors have long targeted U.S. customers of illegal online pharmacies. While most high-profile cases involve healthcare professionals charged in connection with overprescribing, most new cases involve illegal drug purchasing.
Patients who purchase drugs from illegal online pharmacies can face criminal prosecution under federal law. The controlled substances act forbids the purchase and delivery of most medications. This is particularly true if patients order prescription drugs (and/or controlled substances) from outside the United States. When patients buy prescription medications from pharmacies that lack legal authority to ship them, their orders are often subject to delivery delays, and some patients won’t receive their drugs at all. Unfortunately, this won’t prevent federal authorities from investigating and prosecuting them in most cases. The drugs that patients receive may not be the medicines they think they ordered, which presents substantial health risks as well. In particular, in online pharmacies that sell controlled substances, the medications are untested and highly dangerous. Additionally, experimental drugs and generic drugs sold by illegal online pharmacies are frequently untested and unapproved by the U.S. Food and Drug Administration (FDA).
Why are federal authorities targeting patients who buy drugs from illegal online pharmacies? The U.S. Drug Enforcement Administration (DEA), the U.S. Department of Justice (DOJ), and other authorities are targeting patients who buy drugs from illegal online pharmacies because they have to. The FDA and other federal authorities have issued warnings, but Americans still buy prescription drugs from unregulated sources. Healthcare fraud, insurance fraud, and workers’ compensation fraud in particular are among the most common forms of healthcare fraud at the federal level. One of the most common forms of workers’ compensation fraud is linked to prescription drug fraud. Of course, the primary concern that state and federal authorities have with illegal online pharmacies are controlled substances and healthcare fraud involving prescription drugs.
While several federal statutes prohibit selling drugs without a valid prescription in the United States, the federal government cannot shut down illegal online pharmacies registered and operating outside of the U.S. As a result, the FDA, the DEA, and the DOJ have little recourse under the Controlled Substances Act. Instead, the federal agencies have to focus on stemming the demand from inside the U.S.
What You Need to Know if You’ve Been Charged with Buying Drugs Online
What should you do if you are facing charges for buying drugs online? Here are five important things you need to know:
1. The Government Will Use Medical Records and Payment Records Against You
Even if you did not receive the drugs you ordered, the government will use your records to prosecute you. Both your medical records and your payment records will be strong evidence. If you received drugs without a valid prescription, this will be strong evidence as well.
2. These Charges Can Result in Substantial Penalties
Under federal law, buying drugs without a valid prescription can result in substantial fines and jail time. Schedule I drugs and schedule II drugs present the greatest risks. However, prosecutors can pursue charges involving other categories of drugs as well.
3. Federal Prosecutors Don’t Take These Cases Lightly
Even though illegal online pharmacies are thriving, federal prosecutors do not take these cases lightly. Federal prosecutors have the power to charge online buyers in the United States. They will pursue charges against citizens, parents, medical professionals, and other individuals who violate the law.
4. There Are Several Potential Defenses to Charges from Buying Drugs Online
If you are facing charges from buying drugs online, you could have several potential defenses available. Each case is different, and the defenses you can use will depend on the circumstances involved.
5. Federal Criminal Cases Begin with a Grand Jury Investigation
Most federal criminal cases begin with a grand jury investigation. If you are facing a grand jury investigation, you need to do everything possible to protect yourself. The risk of being indicted in the United States is substantial.
Why Do Federal Authorities Care So Much About American Citizens Buying Drugs Online?
One question we hear a lot is, “Why do federal authorities care?” Of course, patients who make illegal online drug purchases take a risk, but it is their right to take this risk. So, why are federal authorities prioritizing these cases?
There are a few reasons. In most cases, federal authorities will charge individuals who order prescription drugs with drug importation offenses. They use importation charges to pursue drug trafficking prosecutions in the United States. By prioritizing drug trafficking prosecutions, federal authorities can point to these efforts as “wins” in the war on illegal drugs.
Additionally, prescription drug fraud is expensive. Prescription drug fraud is a significant contributor to federal government spending in the United States. By shutting down illegal online pharmacies and prosecuting U.S. citizens who buy prescription drugs online, federal authorities can begin to recoup wrongfully disbursed funds.
Important Considerations for U.S. Citizens Facing Charges for Buying Drugs from an Online Pharmacy
With this in mind, what do U.S. citizens facing charges for buying drugs online need to know? If you are under investigation or facing charges, it is critical to ensure that you understand your situation. Here are some of the most important considerations:
- How did you find out you are under investigation or facing charges? In some cases, patients will learn that they are being investigated by federal authorities. More often, however, patients will learn about their case from a jury summons or summons to court. If you are facing a federal investigation, it is important to take the situation seriously.
- What agency or agencies are involved in your case? Several federal agencies could be involved in your criminal case. The DEA, FDA, DOJ, Centers for Medicare and Medicaid Services (CMS), and other agencies all have the authority to investigate illegal online drug purchases. We have had cases involving the Office of Inspector General of the U.S. Department of Health and Human Services (HHS OIG) as well.
- Where did you find the online pharmacy from which you purchased drugs? In many cases, cases involving illegal online drug purchases will be linked to specific online pharmacies. If you ordered prescription drugs from an online pharmacy, it is important to know the website address and the specific location of the pharmacy.
- If you ordered drugs from multiple online pharmacies, how many orders did you place with each? If you ordered drugs from multiple online pharmacies, it is important to know how many orders you placed with each. By understanding your online ordering activity, you can begin to develop defenses to your charges.
- Have you received any seizure notices regarding packages that have been intercepted by federal authorities? If you have received a seizure notice, this could be a sign that you are at risk for a federal investigation. In other cases, patients will face charges related to packages that have already been seized.
- Have you received any phone calls or emails from federal authorities? Phone calls and emails from federal authorities are another sign that you could be at risk for a federal investigation. If you receive communication from the federal government, it is important to respond appropriately. You should seek representation from an attorney who can assist you in dealing with federal agents.
- Have you received a subpoena related to your online drug purchases? If you have received a federal subpoena, you are under investigation, and you need to respond accordingly. Ignoring a subpoena can get you into trouble, and providing voluntary testimony can get you into trouble as well.
- Do you have any recent criminal convictions? If you have any recent criminal convictions, these could lead prosecutors to file additional charges against you. Convictions for drug crimes often lead to more serious charges in the future, so it is important to handle your current case as carefully as possible.
- Do you have relevant medical conditions and a valid prescription? If you have relevant medical conditions, these could serve as an important defense. Similarly, if you have a valid prescription, you may be able to use this as evidence of your innocence. In appropriate circumstances, using a prescription drug with a valid prescription is acceptable. But, accessing prescription medications through an illegal online pharmacy is not.
- Are you an immigrant or a non-citizen? If you are not a U.S. citizen or are not a permanent resident, this could have an impact on your case. As a non-citizen, you will face additional consequences if you are charged with a drug importation crime.
Again, these are just some of the most important considerations for U.S. citizens facing charges for buying drugs online. Depending on your circumstances, you could have several additional issues to consider.
Regardless of the circumstances involved, if you are facing charges for buying drugs online, it is important to engage experienced legal counsel as soon as possible:
Discuss Your Case with a Federal Defense Lawyer at Spodek P.C.
Are you facing a federal investigation or facing charges for buying drugs online? If so, we strongly recommend that you speak with an attorney at Spodek P.C. At Spodek P.C., we have extensive experience representing clients in federal criminal cases across the United States. We provide legal representation for both trials and investigations, and we handle cases involving charges relating to drug importation charges and other federal charges against U.S. citizens.
Federal Law Firm Handling Drug Importation Charges & Online Pharmacy Cases
