New York Penal Law § 190.70: Scheme to Defraud the State by Unlawfully Selling Prescriptions

New York Penal Law § 190.70 is a criminal statute that deals with the unlawful sale of prescriptions with the intent to defraud the state. This offense is often associated with the illegal sale of prescription drugs, which can have serious consequences for public health and safety.

Under this law, a person is guilty of scheme to defraud the state by unlawfully selling prescriptions when they engage in a scheme or plan to defraud the state by selling prescriptions for controlled substances or prescription drugs without a legitimate medical purpose. The prescription must be sold with the intent to deceive or defraud the state.

The statute defines a "scheme to defraud" as a plan or scheme to obtain property or money through false or fraudulent pretenses, representations, or promises. In this case, the property or money being obtained is the payment for the unlawfully sold prescriptions.

It's important to note that this offense applies to both the sale of prescriptions and the act of facilitating the sale of prescriptions. For example, a healthcare provider who knowingly provides blank prescription forms to someone who is not authorized to prescribe medications may be guilty of this offense.

People v. Wisniewski, 290 A.D.2d 880 (4th Dep't 2002). In this case, the defendant, a licensed pharmacist, was charged with scheme to defraud the state by unlawfully selling prescriptions under New York Penal Law § 190.70. The defendant was accused of filling prescriptions for controlled substances that had been issued by a physician who did not have a valid medical license. The defendant argued that he had acted in good faith and had not intended to defraud the state, but the court rejected this argument and upheld the defendant's conviction.

People v. Bentsen, 97 A.D.3d 750 (2nd Dep't 2012). In this case, the defendant, a physician's assistant, was charged with scheme to defraud the state by unlawfully selling prescriptions under New York Penal Law § 190.70. The defendant was accused of writing fraudulent prescriptions for controlled substances in exchange for cash payments from patients. The defendant argued that he had not intended to defraud the state and had only intended to provide medical treatment to his patients, but the court rejected this argument and upheld the defendant's conviction.

1. Criminal usury in the second degree: New York Penal Law section 190.40
2. Criminal usury in the first degree: New York Penal Law section 190.42
3. Possession of usurious loan records: New York Penal Law section 190.45

Scheme to Defraud the State by Unlawfully Selling Prescriptions is a class E felony in New York, which carries a maximum sentence of four years in prison and a fine of up to $5,000. In addition to imprisonment and fines, a conviction under New York Penal Law § 190.70 may also result in other consequences, such as probation, community service, or restitution to any victims of the scheme to defraud.

A person is guilty of a scheme to defraud the state by unlawfully selling prescriptions when he or she engages, with intent to defraud the state, in a scheme constituting a systematic, ongoing course of conduct to make, sell, deliver for sale or offer for sale one or more prescriptions and so obtains goods or services from the state with a value in excess of one thousand dollars or causes the state to reimburse another in excess of one thousand dollars for the delivery of such goods or services. Scheme to defraud the state by unlawfully selling prescriptions is a class A misdemeanor.

If charged under New York Penal Law § 190.70, the first thing to do is to seek legal counsel immediately. Scheme to defraud the state by unlawfully selling prescriptions is a serious crime that carries severe legal and financial penalties, including imprisonment, fines, and revocation of medical licenses. An experienced New York criminal lawyer can guide you through the legal process, protect your rights, and help you develop a strong defense strategy. They can investigate the case, gather evidence, and challenge the prosecution's evidence to mitigate the charges or even have them dismissed. With the help of an experienced New York criminal lawyer, you can navigate the legal system and achieve the best possible outcome. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.