Criminal defense attorneys in various federal internet pharmacy trials have recently, though unsuccessfully, sought to dismiss federal indictments (via Federal Rule of Criminal Procedure 12b) utilizing somewhat similar arguments to the ones posited here, including the argument that the passage of the Ryan Haight Act indicates that pre-Ryan Haight Act law did not outlaw online consultations with extensive medical records. The failure of these arguments, in my opinion, hinges on the motions’ inappropriate framing of the issues for the court, insufficient replies to the prosecutions’ responses, or the specific facts of the cases at issue and not the substance of the argument itself. Consequently, over the several weeks, I plan to discuss in detail the various arguments offered by the government in response to such motions and the most effective replies for criminal defense lawyers.
For an extensive discussion of the Ryan Haight Act and criminal defense attorney strategy for federal internet pharmacy and physician indictments and prosecutions, please view my Ryan Haight Act article library.
The content on this post does not constitute legal advice and is for informational purposes only. You should not act upon the information presented on this website without seeking the advice of legal counsel. Should you wish to speak to an experienced criminal defense attorney knowledgeable in internet pharmacy, prescription, and drug law, please feel free to contact me directly.
Category: Internet Pharmacy Law