Obtaining by Fraud 2C:35-13
The statute that covers “obtaining by fraud” specifically applies to an unlawful act of acquiring or obtaining by possession a controlled dangerous substance, or controlled substance analog, by misrepresentation, fraud, forgery, deception, or subterfuge. The word “analog” here means something similar, such as a substance that has the properties of a controlled substance.
Obtaining by fraud makes it unlawful for a person to acquire or obtain possession of a forged or fraudulent certificate of destruction. Typically certificates of destruction are possessed by state, county or municipal forensic laboratories. These laboratories are authorized to destroy controlled dangerous substances or controlled substance analogs after the substances have been seized by law enforcement officers.
Obtaining by fraud is a crime of the third degree. A crime of the third degree is punishable by up to 3-5 years in prison. Normally, a crime of the third degree is also punishable by a maximum fine of $15,000. The offense of obtaining by fraud is punishable by a fine up to $50,000.
The term “controlled dangerous substance” is meant to cover prescription medications which require the writing of a licensed physician, dentist, veterinarian, or pharmacist. Prosecutors may charge a person with “obtaining by fraud” if they have acquired or possess prescription medication for which they do not have a prescription. They are attempting to limit the illegal trade of drugs, particularly drugs which have a serious impact on a person’s ability to act and think.
The illegal trade of prescription drugs typically involves drugs that affect the central nervous system: opiates, painkillers, tranquilizers, stimulants, and depressants. Some of the drugs that are frequently illegally bought and sold are Methadone, Morphine, Xanax, Vicodin, Oxycontin, Oxycodone, Percocet, Adderall, Valium, and Roxycontin. These substances can be addictive and are powerful. They may also have serious side effects.
Unauthorized means by which one can obtain a prescription medication: misrepresentation, fraud, forgery, deception, or subterfuge; may involve verbal statements, the creation or alteration of writings, and physical acts, such as hiding something or tricking someone. A forgery covers the making, authentication or transfer of a writing that appears to be the act of another person. The act of forgery using a blank prescription medication form does not merge with the offense of obtaining by fraud. This offense can be charged separately under New Jersey Criminal Code 2C: 21-1.
Persons who are charged with many crimes that involve prescription drugs can assert the affirmative defense that the substance was lawfully prescribed by a licensed practitioner, such as a doctor or dentist. This defense is not available to persons who are charged with obtaining by fraud. Even if a person has a valid prescription for the substance, their fraudulent act will be questioned. Prosecutors may try to argue that the person is trying to obtain more of the drug than the doctor has recommended that they take. The prosecutor usually tries to show this if the person is also being charged with holding the drug to distribute it or actually distributing the drug.
