Can you possibly tell me what must be proven for someone to be charged and/or convicted of prescription fraud? I can't seem to find anything which lists the elements of the crime and what type of evidence is necessary. Any help you can provide would be greatly appreciated!

Title 21 of the United States Code, Section 843 prohibits several types of unlawful activities involving prescription drugs. Some of the unlawful activities pertain to a physician distributing or dispensing drugs outside the normal course of his or her practice, without the correct order forms or with an expired or invalid registration number. Others pertain to the prescription holder having fraudulently obtainied the drug. As to the prescription holder, 21 USCS Section 843(a)(3) makes it a crime to acquire or possess a controlled substance by misrepresentation, fraud, forgery , deceit or suberfuge. This would include activities such as lying about your condition to obtain a prescription for a controlled substance; having a subscription put in a friend's name instead of your own; or altering the prescription the doctor gives you as to the quantity of drugs, number of refills allowed, etc. In order to convict you under this statute, the government would have to prove a material misrepresentation, fraud, deception, or subterfuge, which is the cause in fact of your acquisition of the particular controlled substance. Under federal law, obtaining controlled substances through fraud and deceit is a felony, punishable by up to four years in prison for a first offense. However, the federal sentencing guidelines will determine the length of any sentence, and if your guidelines score low enough, you might be able to receive probation, or a sentence to a half-way house or other jail-type facility, or home detention. Even if you receive a prison sentence, you might end up in a federal prison camp if your security risk and the length of your sentence are low enough. If you are facing federal prescription fraud charges, you should consult with a criminal defense lawyer in your area who is experienced in defending federal drug cases and in the application of the U.S. Sentencing Guidelines.