Being accused of pharmaceutical fraud can carry significant repercussions in California. If you’re convicted, you could face harsh legal consequences and significant reputational harm.
Regardless of the allegations, you are entitled to a defense. Understanding the different types of pharmaceutical fraud is the first step toward making the best decisions for your future.
False claims and billing fraud
Those accused of submitting false pharmaceutical claims to programs like Medi-Cal should carefully analyze their billing records. Mistakes or clerical errors in complex billing systems can be misconstrued as fraudulent activity. A defense may involve demonstrating the absence of intent to defraud and highlighting systemic issues or unintentional oversights.
Kickback allegations
Accepting illegal incentives or offering them to health care providers in exchange for prescribing specific medications is also a form of pharmaceutical fraud. Defending against these allegations successfully typically involves countering claims of unlawful incentives.
This is accomplished through evidence and showing that financial exchanges were legitimate and unrelated to prescribing practices. Understanding the anti-kickback statute can be important to your defense.
Off-label marketing claims
Accusations of promoting drugs for unapproved uses can arise from miscommunication or misinterpretation of marketing practices. Defending against these claims often requires demonstrating that actions were in compliance with FDA guidelines.
Counterfeit drug distribution
Charges involving counterfeit drugs demand a thorough investigation into the supply chain. It’s important to focus on tracing the origin of the alleged counterfeit medication. Proving lack of knowledge that the drugs were counterfeit or disproving intent to distribute can lay a solid foundation for your defense.
Regardless of the specific allegations, early legal guidance can help in developing an effective defense against pharmaceutical fraud charges.
