• About John Howley
JOHN HOWLEY, ESQ.
  • About John Howley

Scheme to Defraud the State by Unlawfully Selling Prescriptions

New York Penal Law § 190.70

Scheme to Defraud the State by Unlawfully Selling Prescriptions is a Class A misdemeanor.  The possible sentence is up to one year in jail.

The crime of Scheme to Defraud the State by Unlawfully Selling Prescriptions requires proof beyond a reasonable doubt that the defendant intended to defraud the state by engaging in a scheme to make, sell, deliver prescriptions for sale, or offer prescriptions for sale, and obtained goods or services from the state worth at least $1,000 by doing so.  A conviction under this statute is also possible if the defendant caused the state to reimburse someone else for the goods or services.

A "scheme" requires proof of a systematic, ongoing course of conduct.

"Intent" means a conscious objective or purpose.  Thus, a person acts with an intent to defraud or an intent to obtain money or property by false or fraudulent pretenses, representations, or promises, when that person's conscious objective or purpose is to do so.

Full Text of New York Penal Law § 190.70

"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."
John Howley, Esq.
John Howley, Esq.
The Howley Law Firm P.C.
​350 Fifth Avenue, 59th Floor
New York, New York 10118
(212) 601-2728
Picture
Picture
 
Get an Experienced Advocate On Your Side​
John Howley is available to consult with potential clients by telephone, video-conference, or in person.  All consultations are by appointment.  To schedule a consultation, call our offices today at (212) 601-2728.
Click to Call


​Follow John Howley, Esq.

Follow John Howley, Esq. on social media for the latest legal news and updates.



​John Howley, Esq. | 1345 6th Ave 2nd floor | New York, NY 10105 | (212) 601-2728
​
​Copyright (c) 2012-2023 by John Howley, Esq.  This web site is for educational purposes only,  It does not provide legal advice, nor does it solicit clients seeking legal advice or representation.  To the extent it may be considered attorney advertising, readers are cautioned that prior results do not guarantee a similar outcome.
  • About John Howley