Prescription Fraud and Counterfeit Drug Charges in Wisconsin
Charged with fraud or counterfeit drug offenses in Wisconsin? These felony charges often arise from allegations involving prescriptions, deceptive conduct, or counterfeit substances and can carry serious prison exposure. Call Chirafisi Anderson, S.C. to start your defense.
What the Law Says About Prescription Fraud and Counterfeit Drug Charges in Wisconsin
Wisconsin law makes it a felony to obtain a controlled substance through deception or to create, possess, or distribute counterfeit drugs or counterfeit drug-related materials. These offenses are prosecuted under Wis. Stat. § 961.43, which criminalizes acquiring controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge, as well as conduct involving counterfeit drugs and counterfeit drug manufacturing materials. Prosecutors treat these cases seriously because they are viewed as threats to public health and the integrity of Wisconsin’s controlled-substance regulatory system.
Fraud-based drug charges typically involve allegations that a person obtained controlled substances through misrepresentation, fraud, forgery, or deception—such as using false information to obtain prescription medication. Counterfeit drug charges focus on conduct involving fake or imitation drugs, or tools used to reproduce labels, packaging, or identifying marks to make substances appear legitimate.
At Chirafisi Anderson, S.C., our attorneys represent individuals charged with complex drug offenses throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge, and Green Counties. We understand how these cases are investigated, how intent is alleged, and how to challenge weak or overreaching prosecutions.
Key Points About Fraud and Counterfeit Drug Charges in Wisconsin
- These offenses are felony charges, even when no drug distribution is alleged.
- Prescription fraud cases often rely on credibility disputes and documentation analysis.
- Counterfeit drug cases may proceed even if no actual drugs were sold or delivered.
- Convictions can result in prison time, fines, and long-term consequences for employment and licensing.
What the State Must Prove to Convict
Wisconsin law recognizes two distinct theories of prosecution under Wis. Stat. § 961.43, each with different required elements. The State must prove every element of the charged subsection beyond a reasonable doubt.
Acquiring a Controlled Substance by Misrepresentation
To obtain a conviction, the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 6038:
- The defendant obtained possession of a substance.
- The substance was a controlled substance regulated by law
- The defendant obtained the substance by misrepresentation, fraud, forgery, deception, or subterfuge
- The misrepresentation was made intentionally, with the purpose to deceive another person.
- The other person was actually deceived and parted with possession of the controlled substance as a result
The State must prove both intent to deceive and actual reliance. Mere inaccuracies, misunderstandings, or failed attempts at deception are not sufficient.
Counterfeit Drug–Related Conduct
Depending on the allegation, the State must prove that the defendant knowingly, and without authorization:
- Made, distributed, or possessed a punch, die, plate, stone, or other device designed to:
- Reproduce a trademark, trade name, or identifying mark of another, or
- Substantially duplicate the physical appearance, packaging, or labeling of a controlled substance
- Acted with the intent to:
- Create a counterfeit controlled substance, or
- Make a substance appear to be a genuine controlled substance
These cases often turn on knowledge, purpose, and intent, not simply possession of materials or similarity in appearance. There are no standard jury instructions for this charge.
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Penalties and Sentencing for Prescription Fraud and Counterfeit Drug Charges in Wisconsin
Fraud and counterfeit drug offenses are charged as Class H felonies under Wisconsin law.
A Class H Felony Carries:
- Up to 6 years imprisonment
- Up to $10,000 in fines
Sentencing outcomes vary significantly based on the facts, the defendant’s record, and the court.
Sentencing Exposure and Judicial Considerations
When sentencing for fraud or counterfeit drug offenses, Wisconsin courts commonly consider:
- The type of controlled substance involved
- Whether the conduct involved prescription medication or illicit drugs
- The scope and duration of the alleged conduct
- Whether others were harmed or placed at risk
- The defendant’s prior criminal history, if any
Judges also weigh whether the offense reflects a pattern of deception or a single incident, and whether alternatives to incarceration are appropriate.
Common Allegations in Fraud and Counterfeit Drug Cases
- Obtaining prescription drugs using false or altered information
- Using another person’s prescription or identity
- Forged or altered prescription documents
- Possession of counterfeit pills or packaging
- Possession of equipment used to reproduce drug labels or markings
Many cases arise from pharmacy reports, prescription monitoring reviews, or law enforcement investigations.
Defenses and Legal Strategies for Fraud and Counterfeit Drug Charges
Charges under Wis. Stat. § 961.43 often turn on intent, knowledge, and reliance, rather than physical possession alone. These cases are frequently built on documentation, assumptions, or inferences drawn from limited evidence. Common defense strategies include:
Effective defense requires early involvement to challenge intent-based assumptions, preserve constitutional issues, and scrutinize the State’s proof of deception and reliance before charges become entrenched.
Why Hiring a Fraud and Counterfeit Drug Defense Lawyer Matters
Facing fraud or counterfeit drug charges under Wis. Stat. § 961.43 is serious. These cases often hinge on intent, knowledge, and documentation rather than physical evidence, and prosecutors frequently rely on assumptions drawn from records or circumstantial proof. Early defense involvement is critical to challenge those assumptions, preserve constitutional issues, and limit exposure before felony charges become entrenched.
Contact Chirafisi Anderson, S.C.
If you are facing fraud or counterfeit drug charges, early legal representation matters. Contact Chirafisi Anderson, S.C. to discuss your case and your options.