Law Offices of Samuel Gregory, P.C.

Doctors risk drug trafficking felonies to overprescribe drugs

2022-07-25T16:23:23Z

Many people do not realize just how much they stand to lose with a drug trafficking conviction. Now that the opioid crisis has become a national epidemic, many doctors and pharmaceutical representatives find themselves playing Russian roulette with their careers and their patients’ health just to line their pockets with profits from overprescribing opioids, fentanyl and other harmful narcotics. New York is one of the strictest jurisdictions in the country when it comes to drug crimes.

The crackdown on doctors writing too many prescriptions for unnecessary drugs has cast a wide net, casting a negative light on the medical profession. What many people fail to realize is that doctors are not solely to blame. Some of the liability rests on the pharmaceutical companies. Recently, a pharmaceutical company was placed under investigation for racketeering claims that it encouraged its drug sales reps to resort to unethical measures to boost drug sales. Besides staging bogus presentations to boost fentanyl and opioid narcotic sales by selling to friends and family, a Michigan doctor claims the company’s sales rep enticed him to write extra prescriptions with hundreds of thousands of dollars in cash, dances from exotic dancers and complimentary meals as kickbacks to comply.

Drug trafficking is a serious crime that carries a hefty sentence if convicted. The state classifies all drug trafficking cases as felonies. Doctors who fraudulently prescribe, dispense and bill for unnecessary drugs risk being charged as major drug traffickers. A drug trafficking conviction of this magnitude is an A-1 felony and given to professionals who possess and have the intent to distribute or sell narcotics worth $75,000 or higher.

An A-1 felony carries a 15-year minimum incarceration sentence. Depending on the circumstances surrounding the criminal allegations, doctors risk more than their credentials to practice and livelihoods, they could also end up spending the rest of their lives in prison and paying fines.

Founder of drug company accused of bribery

2022-07-25T16:23:29Z

According to prosecutors, the founder of a drug company that sold powerful drugs gave cash to doctors in exchange for prescriptions. As a result, use of fentanyl spiked, causing addiction and even death for many users. While this is just one component of the current opioid epidemic in New York and throughout the country, federal prosecutors believe that it's important to stamp down on the problem wherever they can.

The founder of the company and four additional executives are charged with racketeering conspiracy. While the founder maintains his innocence, two of the executives may be cooperating with prosecutors to provide evidence of his guilt. They are expected to tell a jury that the founder directed the scheme to increase profit.

The defendant's lawyers in the case are accusing the prosecution of poisoning the jury pool and unfairly targeting the defendant. Prosecutors, however, say that the drug company played a significant role in making the opioid crisis worse by bribing doctors across the country to push prescriptions. In addition to criminal charges against its executives, the drug company is facing lawsuits from several overdose victims and their families.

Individuals accused of federal crimes related to drugs may want to seek representation from a lawyer as soon as they learn about the issue. Federal prosecutors have a lot of resources at their disposal, but defendants have the right to exercise their constitutional protections every step of the way. Plea agreements are common in federal cases, but it may be in the best interest of a defendant to go to trial. An attorney may recommend a course of action based on the evidence available and other circumstances involved.

Source: Christian Science Monitor, "Drug company founder on trial for prescription bribery scheme", Alanna Durkin Richer Associated Press, 01/25/2019

Judge rules that cops can’t force people to unlock their phones

2022-07-25T16:23:35Z

In a historic decision that might just signal how the law is catching up with modern technology, a California judge ruled that the government does not have the right to force individuals to open their phones using their biometrics. Citizens of New York will be glad to know that not only does this ruling go one more step towards protecting the privacy of every American, but it also flies in the face of numerous other rulings that preceded it. In earlier rulings, judges had deemed that government officials were within their right to force someone to unlock their phone using their biological features. What's interesting is that these same judges declared that a suspect cannot be forced to give away their passcode seeing as that would violate their Fifth Amendment rights: mainly, the right to not incriminate themselves. However, judges saw that biological features were not considered testimonials; hence, cops and federal officers weren't forcing suspects to incriminate themselves when they forced them to unlock their phones using their irises or fingerprints. Alternatively, the California judge saw things differently. Explaining her logic, she said that given the biometrics were being used for the same exact purpose a passcode would have been used for, then they should be considered as testimonials. She went on to add that it was important for the law to catch up with today's technology and that it is wrong to consider biological features as physical evidence in a context where they would be used to unlock a phone. Finally, she added that the government has at its disposal numerous other ways of uncovering the contents of the phone, none of which infringe on an individual's Fifth Amendment rights. Even though this decision is an important step forward for the law, it is still possible that a district court judge could overturn it entirely. Nevertheless, if anyone is concerned about their privacy, they can start by locking their phone using a strong passcode. Additionally, they can speak to a lawyer who might explain their rights along with available options.

Do New York misdemeanor charges add to inequality?

2022-07-25T16:23:41Z

Although the term "misdemeanor" applies to minor offenses, these charges play a considerable role in the U.S. criminal justice system. According to one expert, misdemeanor allegations and the sentences that often come with them only worsen the inequalities in American society.

In a book exploring criminal justice, Alexandria Natapoff, a one-time public defender, highlights how the long-term consequences of misdemeanor charges have harsher impacts on people who already face hardships. For instance, poorer people who can't afford attorneys still end up paying public defender fees. They also face the risk of being jailed when they can't pay their fines or having to wait behind bars for prolonged periods to see judges.

Court systems may also charge accused individuals fees for everything from DNA testing to supervision. What's more, groups like African Americans are more likely to get plea deals that carry harsh punishments while white defendants have a higher chance of getting severe charges dropped. Even though misdemeanor crimes are only punishable by up to a year's worth of incarceration, they make up 80 percent of the cases in American justice systems, and according to Natapoff, they're a massive source of revenue for local court systems.

Being convicted of a misdemeanor might have a number of adverse consequences. For instance, someone seeking a student loan, welfare benefits or employment might find it impossible to qualify after being found guilty. In addition, the fees they're charged while they're going through the justice system could result in them taking on permanent debt that makes life much harder.

Talking to a criminal defense attorney may be a wise move. Experienced legal advisers might help accused individuals fight back against an unequal justice system by building stronger, evidence-based arguments. They may also pursue the reduction of charges to lessen the severity of sentences.

Wrongful convictions remain a serious concern

2022-07-25T16:23:47Z

A wrongful criminal conviction may be the worst nightmare for many defendants in New York. Still, innocent people are convicted on a regular basis. In fact, one study estimates that 6 percent of cases may end with wrongful convictions. Some of these miscarriages of justice have come to light in recent years due to advancements in DNA technology. New access to evidence has enabled people convicted of serious crimes like rape and murder to show that it was scientifically impossible for them to have committed the offenses for which they were imprisoned.

Exonerations have happened in about 3 to 5 percent of such serious criminal cases, according to criminologists. University of Pennsylvania researchers noted that less serious criminal charges, including armed robbery, assault and drug possession, have not been studied. By surveying 3,000 state prisoners in Pennsylvania, the team found that 6 percent claimed to be innocent of the charges against them. The researchers said that this could be considered a high estimate, because some convicts may have reported their innocence untruthfully. However, the fact that the vast majority of respondents did not make such claims indicates that the responses are not inherently unreliable.

Around 66 percent of the survey participants said that they were fully responsible for the crimes for which they were in prison, while another 25 percent claimed at least partial responsibility. The surveys were anonymized in order to encourage honest participation. In addition, control questions allowed for a variety of responses and helped researchers to eliminate implausible responses.

Every day, people face charges for crimes that they did not commit. Whether they were in the wrong place at the wrong time or victims of mistaken identity, the consequences can be severe. A criminal defense attorney can help someone present a strong defense, challenging police evidence and prosecution narratives.

Terms to know regarding drug charges

2022-07-25T16:23:54Z

Drug charges are serious and can come with strong penalties. If you are facing such charges, you should try to build the best defense possible.

Understanding the process and its important aspects can be vital in building your defense. In doing so, there are a few key terms to be aware of in regards to drug charges.

Possession

The point of possession is critical to a drug charge. The prosecution must show the drugs were in your possession for the charges to hold up in court. The term "possession" not only covers what a person carries on his or her person, but also anything under that person's control. This would include any substance in the person's dwelling, amongst the person's personal items or in any encasing the person has control over, such as a storage locker.

Controlled substance

In short, any illegal drug or prescription medication a party has but does not have the proper prescription for is a controlled substance. The state of New York's public health law on controlled substances details the specific substances that fall under this category. It is important to note that with a prescription, some substances are legal to possess. For those who utilize such substances for medicinal purposes, it is a good practice to keep the prescription readily available.

Exemption

There are some acceptable uses for some illegal drugs and prescription medications. When parties utilize the substances within the allowed parameters, the use is not illegal. In such cases, those otherwise controlled substances are exempt, and the use is not a chargeable offense. Understanding the parameters in which these exemptions exist may be helpful in your case.

These are a few key drug charge terms to know; however, there are still several other aspects of your case you should understand. Therefore, it can be beneficial to work closely with your defense attorney.

Child pornography laws in New York

2022-07-25T16:23:59Z

People accused of crimes related to child pornography may face New York state charges as well as federal charges. Under the New York Penal Code, Article 263 defines offenses involving the sexual performance of a child. These crimes include production, distribution, promotion and knowing possession of child pornography. Child pornography does not involve any form of nudity of a child; the material prohibited by this law involves actual or simulated sexual conduct by a child younger than 16. The law applies to children under 17 if the person is accused of authorizing or inducing the child to create the pornographic material. It also applies to children under 17 if the person is accused of producing, directing or promoting the pornography.

One of the more common charges related to child pornography is possession of the material. For a person to be convicted of possession of child pornography, prosecutors must show that he or she knew the content of the material. Therefore, the simple presence of material on a computer may not be sufficient to convict a person of these charges. Illegal materials covered under the law may include films, photos or other visual representations.

Another common charge in New York relating to child porn is facilitation of a sexual performance by a child with a controlled substance or alcohol. This charge involves providing alcohol or drugs to a minor under 17 with the intent of filming or otherwise producing pornographic material.

People accused of child pornography offenses in New York may also be charged with federal crimes, depending on the specifics of the case. In some cases, people may face these charges even though they had no knowledge a child was involved; they may not even be aware that they inadvertently downloaded illegal files. A criminal defense attorney might be able to help people challenge police and prosecution assertions.

Understanding possession with the intent to distribute

2022-07-25T16:24:08Z

Possession with the intent to distribute is a serious charge that can lead to prison terms and fines. However, in order for a New York resident to be charged with this crime, three conditions must be met.

The first condition is possession. Typically, possession occurs when a person is found holding illegal drugs on his or her person, including in his or her hands, clothing or bags. Possession can also occur if illegal substances are found in a person's car or home, but authorities must show that the person knew or should have known the drugs were there. The second condition is the intent to distribute. This charge occurs when authorities can prove that a person was intending to distribute drugs. Since prosecutors cannot read the minds of defendants, they must use circumstantial evidence to establish this crime. For example, if a person is in possession of an amount of drugs too large for personal use, prosecutors may assume the drugs are intended for sale. Likewise, the presence of items typically associated with drug distribution, such as packaging materials, scales and large amounts of cash, could indicate an individual's intention to distribute drugs to others.

In order for a person to be charged with possession with the intent to distribute, prosecutors must prove that the person was both in possession of drugs and had the intent to distribute the drugs. This is the third condition. For instance, someone found in possession of a small amount of drugs is likely keeping them for personal use, not planning to distribute them. Therefore, this person should only be charged with possession. Meanwhile, individuals who have plans to distribute a large quantity of drugs but who have not yet acquired those drugs cannot be charged with possession with the intent to distribute. However, such individuals could be charged with conspiracy.

Defendants arrested for possession with the intent to distribute or other drug charges might help their situation by contacting a criminal defense attorney for help. The attorney may be able to review the case and attempt to get the charges dismissed.

What to learn from Bernie Madoff

2022-07-25T16:24:13Z

New York residents and others may remember that Bernie Madoff was taken into custody in December 2008. He was sentenced to 150 years in prison after being convicted of perjury and other felony charges. Madoff ran a Ponzi Scheme, in which investors put money into a project or some other entity that doesn't exist. The original investors are paid with cash that is collected from those who enter into the deal later on.

One of the critical lessons learned from the Madoff scandal is that investors should always spend time investigating an opportunity before handing over their money. Taking the time to do so can help an individual better understand how the returns are generated and if they are likely to continue. If there are parties claiming that an investment is too good to be true, it is possible that they are correct.

In the Madoff case, the SEC was notified of possible fraud, but the agency decided not to pursue the matter. Ultimately, investors have every right to ask as many questions as they want about a particular investment. If those questions aren't answered to an investor's satisfaction, it may be best to keep looking for a place to put risk capital. Generally, reputable investment firms and funds will answer any questions a person has using solid sources.

Those who are alleged to have created a Ponzi Scheme may face many years in prison in addition to fines and other penalties. In some cases, a judge may order an individual to pay restitution to victims. An attorney may be able to help an individual avoid some or all of those penalties. This may be done by asserting that a fund or investment was legitimate and that investor funds were accounted for using established best practices.

The difference between tax fraud and negligence

2022-07-25T16:24:19Z

According to the IRS, about 17 percent of taxpayers don't follow the tax code in a given year. However, less than 1 percent of taxpayers are convicted of tax fraud or other tax code violations annually. This is because not all violations of the tax code are the same. To rise to the level of fraud, a taxpayer in New York or elsewhere must willfully ignore or violate some portion of the tax code.

This may include failing to file a tax return or making false statements on a return. Those who fail to report income or pay taxes owed could be committing a serious offense as well. In most cases, the IRS will assume that a mistake occurred because of carelessness as opposed to a blatant attempt to violate the law. When auditing a return, the government can generally spot signs of fraud such as using a false social security number or keeping multiple sets of books.

Individuals who are self-employed and run cash businesses are more likely to commit fraud according to IRS research. Furthermore, service workers such as doctors, lawyers and car dealers are also more likely to commit fraud than others. Roughly 75 percent of tax fraud cases involve individual filers as opposed to corporations. Even if a violation is considered negligence instead of fraud, a taxpayer could face a 20 percent penalty on the unpaid balance.

If an individual is charged with a crime such as tax evasion or fraud, it may be necessary to hire a criminal defense attorney. An attorney may be able to have evidence suppressed or cast doubt on evidence introduced in a case. This may result in a favorable plea bargain or a full acquittal that allows a person to avoid any financial or criminal penalties.