Prescription Fraud Lawyer in Westchester County

Facing Prescription Drug Charges In New York? Call Us For Support

If you have been accused of prescription fraud, you may be worried about your freedom, your career, and your reputation. These cases can involve forged prescriptions, alleged doctor shopping, or questions about how medication was obtained and used. In New York, prescription related charges are treated seriously and can carry lasting consequences.

At Proto, Sachs & Brown, LLP, we focus our criminal defense practice on protecting people in situations like yours. Our attorneys bring more than 100 years of combined experience in criminal and family law, and several members of our team previously served as prosecutors. From our offices in White Plains and Cortlandt Manor, we represent clients in courts throughout Westchester County.

Protect your professional license and your future with an experienced prescription fraud lawyer in Westchester County. Reach out to Proto, Sachs & Brown, LLP at (914) 840-5104 or through our website. We offer free initial consultations and provide the trial-tested advocacy you need to fight these complex charges.

Understanding Prescription Fraud Laws in New York

Prescription fraud is a broad term that encompasses several specific sections of the New York Penal Law and the Public Health Law. In Westchester County, law enforcement agencies—including the District Attorney’s Economic Crimes Bureau—frequently coordinate with state and federal task forces to monitor the I-STOP (Internet System for Tracking Over-Prescribing) database.

The primary statutes governing these offenses include:

Fraud and Deceit Related to Controlled Substances

This is the most common charge for individuals accused of obtaining or attempting to obtain a controlled substance through deceptive means. 

Under this law, it is illegal to willfully:

• Obtain a controlled substance or a prescription form by fraud, misrepresentation, or subterfuge.
• Use a false name or address to acquire medication.
• Fail to disclose to a practitioner that you are already receiving a similar prescription from another doctor (commonly known as "doctor shopping").

Criminal Diversion of Prescription Medications

This article addresses the "diversion" of drugs—the transfer of a legal prescription medication to an unauthorized person for pecuniary value. This ranges from the Fourth Degree (Class A misdemeanor) to the First Degree (Class B felony), depending on the value of the medications involved or the intent to resell them.

Penalties and Collateral Consequences of Prescription Fraud Convictions in New York

The penalties for prescription fraud in New York are structured to be both punitive and rehabilitative, but for those with professional careers in Westchester County, the "hidden" penalties are often the most damaging.

Direct Sentencing

• Misdemeanors: Convictions under § 178.26 are Class A misdemeanors, carrying up to one year in the Westchester County Jail and fines.
• Felonies: If the state charges you with Criminal Diversion in the Second or First Degree, you face mandatory state prison time. A Class B felony conviction can result in a sentence of up to 25 years.
• Restitution: Defendants are often ordered to pay the costs of the investigation and the value of the diverted medications to insurance companies or the state's Medicaid program.

Collateral Consequences

• Professional Licensure: Westchester is home to a high density of medical, legal, and financial professionals. A conviction for a "crime of dishonesty" can trigger an automatic investigation by the Office of Professional Misconduct (OPM) or the Character and Fitness Committee, often leading to the suspension or revocation of your license.
• The I-STOP "Blacklist": A conviction or even an active investigation can result in your name being flagged in the statewide database, making it nearly impossible for you to receive legitimate medical care or prescriptions in the future.
• Employment and Background Checks: Under the 2026 updates to New York's employment laws, while some records can be sealed, drug-related fraud remains a major red flag for federal contractors and major Hudson Valley employers.
• Immigration Status: For non-citizens, fraud offenses are often classified as "crimes involving moral turpitude," which can lead to immediate deportation or inadmissibility.

How We Defend Prescription Fraud Cases

The Westchester County Criminal Defense Process

Navigating a prescription fraud case requires a lawyer who is intimately familiar with the specialized bureaus within the Westchester County District Attorney's Office.

• The Investigation Phase: Many fraud cases begin with a "target letter" or a surprise visit from investigators. Proto, Sachs & Brown, LLP often intervenes during this stage to prevent our clients from making incriminating statements and to provide a "good faith" explanation that can stop the filing of charges.
• Arraignment and Bail: In White Plains or local village courts, we fight for your release without bail. We highlight your ties to the Westchester community and the non-violent nature of the allegations.
• The "Discovery" Review: We obtain the audit trails from the I-STOP system and the internal records from the pharmacy. We look for technical glitches or administrative errors by the pharmacy staff that may have been wrongly attributed to you.
• Negotiation for Diversion: New York offers Judicial Diversion Programs for individuals whose crimes are rooted in substance use disorders. We are experts at advocating for our clients to enter treatment programs that, upon successful completion, can lead to the dismissal of all criminal charges.
• Trial: If a dismissal or a diversion agreement is not reached, we take the case to a jury. We use expert witnesses, including doctors and pharmacists, to testify that the procedures followed were within the realm of reasonable medical practice.

What To Do If You Are Accused of Prescription Fraud in Westchester County

Consider taking these immediate steps if you are facing prescription fraud allegations:

• Do not discuss the details of your case with police, investigators, or others without first speaking with a defense attorney.
• Keep any prescriptions, pharmacy printouts, medical records, or communications from doctors in a safe place and avoid altering or discarding them.
• Avoid posting about your situation on social media or by text, since these messages can be obtained and used in court.
• Write down basic information about what happened, including dates, locations, and names of any witnesses, and share this with your attorney in a confidential setting.
• Contact a criminal defense lawyer promptly so there is time to prepare before court dates and before any further questioning.

Why Work With Our Westchester Defense Team

Choosing the right lawyer for a drug case requires more than general criminal defense experience. You need a team that understands New York law, knows how the Westchester County District Attorney’s Office handles these cases, and can guide you through each stage with clarity and preparation.

At Proto, Sachs & Brown, LLP, our attorneys bring over a century of combined experience in criminal and family law, including former prosecutors who know how cases are built and argued. We regularly appear in courts throughout Westchester County and maintain offices in White Plains and Cortlandt Manor, making it easier for clients across the area to meet and prepare.

Our work has been recognized by Super Lawyers, Avvo Clients’ Choice Awards, and national publications in criminal and DWI defense. Most importantly, we take a client-first approach, recognizing how stressful these allegations can be. We offer a free initial consultation and focus on clear communication so you understand your options and are not facing the process alone.

Call Our Prescription Fraud Lawyers in Westchester County Now

If you are ready to speak with a criminal defense attorney about your situation, we invite you to contact our office today. You can reach us by phone to schedule a confidential meeting and learn how our prescription fraud lawyer Westchester County team can help you respond to these charges.

Call (914) 840-5104 or fill out this online form to arrange your free consultation with our team.