William G. Yarborough

Opioid epidemic leading to racketeering charges

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The rise of the opioid epidemic has resulted in racketeering charges for pharmaceutical companies and physicians. Recently a Rhode Island doctor was sentenced to four years in prison in connection with accepting kickbacks from a pharmaceutical company.

Kickbacks to increase prescriptions

The company, Insys Therapeutics Inc., was investigated by the federal government for bribing doctors and defrauding health-care providers. The scheme was multifaceted with both the pharmaceutical company and the doctor committing violations. Insys paid the doctors in kickbacks disguised as speaking fees and the doctors created false patient records in order for insurers to cover the pain medication.

The federal probe resulted in the charging of the CEO and six other executives with bribery and fraud. The Rhode Island doctor is the fourth physician jailed in connection with the scheme. The doctor lost his job and medical license and was ordered to pay restitution.

RICO Act and South Carolina Rules of Conduct

Racketeering charges often fall under the state and federal laws of the RICO Act. In order to qualify as a RICO crime a person must be charged with two crimes outlined in the act within a 10 year period. Penalties for RICO convictions include prison time, forfeiture of assets, fines and loss of certain constitutional rights.

Future losses

In addition to the prison time and restitution, the doctor will be unable to practice medicine upon his release from prison, further compounding his troubles. For professionals facing criminal charges, the loss of their professional license is a serious concern.

Criminal charges do not automatically lead to a conviction. A strong defense and an experienced attorney to act as your ally are the best defense against a conviction. You are presumed innocent until proven guilty and legal assistance can help lessen or avoid a criminal charge.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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