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Obtaining CDS By Fraud

Charged With Prescription Drug Fraud

Obtaining a prescription legend drug by fraud, for example, with a counterfeit or stolen blank or tablet, is an indictable crime that results in a felony record under N.J.S.A. 2C:35-13. This law establishes a third degree crime for an individual to acquire or obtain possession of a controlled dangerous substance (“CDS”) by fraud, forgery, misrepresentation, or deception. If you were arrested or are facing a charge for obtaining cds by fraud or a companion offense for theft by deception or prescription forgery, call our Freehold Office for a free consultation.

The attorneys at our firm, Marshall, Bonus, Proetta & Oliver, are not only former prosecutors in Monmouth County but also possess over 100 years of collective experience appearing at the Superior Court in Freehold on prescription legend drug cases. Our criminal firm defends prescription fraud charges throughout Monmouth County, including Allenhurst, Highlands, Lake Como, Monmouth Beach, Rumson, and Sea Bright. We are ready to insure that you have every opportunity to avoid a criminal record and all of the penalties that apply under 2C:35-13. Give us a call anytime 24/7 for a complimentary initial consultation by telephone or in-person at our Freehold Office or Red Bank Office.

Obtaining Prescription Drugs by Fraud Law – 2C:35-13

Whenever someone conspires, attempts or obtains prescription medication via an invalid prescription (e.g. duplicated, modified, etc.), there is potential for an indictment and/or complaint alleging a violation of N.J.S.A. 2C:35-13. This law provides as follows:

2C:35-13. Obtaining by fraud

It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. It shall be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21. A violation of this section shall be a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.

There are basically four (4) types of fraud that arise under this law and they are:

  1. Distribution of a Prescription Legend Drug Without Proper Authorization By Someone Employed in a Legitimate Operation;
  2. Use of a Fictitious or Revoked DEA Registration Number;
  3. False or Inaccurate Information in the Prescription, for example, a different medication, quantity or dosage, or refill number; and
  4. Reproduced and/or Duplicated Prescriptions.

Penalties & Sentencing. As previously stated, a violation under N.J.S.A. 2C:35-13 is a third degree crime, which is a felony. The maximum jail term is five (5) years for third degree obtaining CDS by Fraud. If someone is found guilty of filling a fraudulent prescription, the potential fine is as much as $50,000 as opposed to the standard fine of up to $15,000.

Obtaining CDS By Fraud Lawyers in Freehold NJ

If you or a loved one has been charged with fraudulently filling a prescription, we have highly experienced lawyers to assist you. Our defense firm has decades of experience successfully defending fake, duplicated, falsified, and stolen prescription cases. As the largest criminal firm in the county with an office in Freehold just a few miles from the County Courthouse, we certainly know our way around a Monmouth County criminal case like yours. We are ready to defend any cds fraud case including arrests arising in Belmar, Englishtown, Manasquan, Manalapan, Holmdel or Neptune. Call us any time of day or night to speak to an attorney about bail, your charge or any other question you may have. Defense lawyers can be reached immediately at 732-462-1997.