Prescription medications, off-the-counter medicines, medical devices and equipment – there will always be a need for these medical products. But that high demand also means these items are popular targets for theft.
State courts will hear cases of theft of medical products like any theft case. However, such offenses can also become federal offenses under the right circumstances.
Becoming a federal offense
The theft of medical products becomes a federal offense when it involves the interstate or foreign shipment of medical products. This means that if the stolen medical products were part of an interstate or foreign shipment, the crime falls under federal jurisdiction.
What counts as theft of medical products?
Federal law prohibits the following actions, which it considers theft of medical products:
- Embezzling, stealing or fraudulently obtaining a medical product before it hits retail stores or pharmacies
- Knowingly and falsely making, altering or forging the labeling or documentation of a pre-retail medical product
- Knowingly possessing, transporting or trafficking a pre-retail medical product that was stolen or embezzled
- Buying or obtaining a pre-retail medical product that has expired or was stolen with the intent to defraud others
- Selling or distributing a pre-retail medical product that has expired or was stolen with the intent to defraud others
Any attempts to commit or conspiring to commit the above offenses is also a punishable offense.
The penalties for stealing medical products
The penalties for theft of medical products vary depending on the value of the stolen products.
- Value of medical products is less than $5,000: The theft is punishable by up to three years of imprisonment and a fine determined by the court.
- Value of medical products is $5,000 or more: The theft is punishable by up to 15 years of imprisonment and a fine determined by the court.
These penalties may increase if there are any aggravating factors involved in the offense. These factors include whether the offender was an employee or agent of a company or organization involved in the medical product supply chain or if the offender used violence in committing the theft.
Medical product theft is a serious offense, more so if it’s a federal crime. A legal professional with federal criminal defense experience may be able to help those who face charges by informing them of their defense options and representing them in court.
