A growing criminal enterprise in New York involves the switching of bar codes on products inside a store and purchasing the products with the lower bar code at the self-checkout counter. The criminal offense involved is generally charged as larceny, theft or grand larceny. The computerized checkout machine sees only the bar code presented to it and puts the lower price on the bill.
The writing of improper prescription drugs, for any purpose other than legitimate medical treatment, is a felony in New York state and under federal law. That is a rule with which a 36-year-old doctor from Amherst will surely become familiar as he faces prosecution by federal authorities on charges of the unlawful distribution of controlled substances in the form of prescription drugs and conspiracy to commit a drug felony. In fact, he faces up to 20 years in prison if convicted of the felony drug charges.
When a federal indictment is lodged in New York or elsewhere against a target, one early procedural move of the defendant is to file a motion to dismiss the indictment. These motions are only rarely successful, but are nonetheless very much worth the effort, particularly when glaring legal errors appear on the surface of the indictment. There are many potential legal grounds for dismissal that can be raised against an indictment that alleges felony charges of wire fraud, mail fraud or extortion.