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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17270
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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A prescription controlled substance was forged in my name (by

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A prescription controlled substance was forged in my name (by my wife) and filled an picked up by the same. I have never been presribed this drug (vicondin) by this doctor or any other doctor in at least 3 years. My wife is an addicted to sedatives and opiods. As soon as I discovered that she had forged prescriptions in my name her family and I immediately intervened and put in Detox within 48hrs. Do I need to do anything else to protect myself (and as a result my children) from this activity? Do I need to report this to the authorities (and who?) to not be considered and 'accessory to the fact'. There is also fraud against my employers insurance company (she filled the prescriptions through our insurance company)? I am trying to hold our marriage together but I want to abide by the law in every sense. Please help.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Can you tell me how she got the prescription to begin with? In other words how did she get the pad and signature?
Customer: replied 1 year ago.

She stole the prescriptions from our dentist. Then copied her own prescription and used it to forge his signature and obtain the DEA number. I have never visited the dentist to receive such a prescription. I have seen the documents she used but didn't make copies, I saw her shredding them on the day we took her to detox.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the additional information, it was helpful and I am sorry to read about this situation. You are under no legal duty to inform law enforcement or the dentist of what your wife did. Based solely on what you have told me, there does not appear to be an issue here of being an accessory either before, during or after the criminal act. If you turn your wife in, she will be arrested and charged. She could be charged with either Federal or State charges, but in either event, they are serious charges and she would need a good criminal defense attorney to assist her.

That said, the only real concern that I would have is with your employer and the insurance claim. I am not sure who filed the claim, but since it is your insurance, even if she actually sent the paperwork in, you could be considered to be a part of that fraud if you knew about it. So, that would really be the only real exposure to being an accessory and also could ultimately lead to you losing your job.

I am not your attorney, since we cannot form an attorney-client relationship, so I can't tell you what to do, but if you were my client I would not generally recommend that you report your wife (and yourself) to your employer/insurance company. That ultimately could end things for you in the same way as if they find out through other channels. But you ultimately have to do what you think you must. Just be aware that it exposes you to potential criminal charges and loss of job.

Otherwise, if you believe that she will be able to comply with her treatment after Detox and won't do this again, then you may want to stay in the wait and watch mode. If, on the other hand there is realistic feeling that this will continue when she gets out, then you may want to separate your assets, etc., in order to protect yourself financially should she get worse.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17270
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your response. In general I understand your comments. I do have a follow up question since you mention separation of assets. She doesn't work and we have been married for 15 years. We have two children. I have Parkinson's Disease. Due to my illness I will be returning to my home country of Australia at the end of this year. The current intention is to do that as a family. My wife has been verbally abusive to me in the past and physically abusive -- in one instance in 2011 I called the Sheriff and she was detained. We were both subsequently charged with disturbing the peace, and she was additionally charged with domestic violence but all charges against her were dismissed because I asked the Prosecutor to not proceed. During the same incident she began to build a case against me, with assistance from an attorney, saying I had was physically violent towards her. My charge for disturbing the peace was a misdemeanor and I just paid the fine.


 


Amongst all this mess I wonder how to:


1. Sperate assets


2. If we were to split and I needed to contest custody should I be doing something now to protect myself and my children.


 


Lastly, I am a US (and Aust) citizen. My wife is a US citizen. My children hold dual nationality but only US passports. I have no intention to remove my children from the US without my wife's agreement or the correct authority from a US court should it come to that point. I do not and will not break any laws -- irrespective of enforceability or enforcement.


 

Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for the follow up questions. As far as separation of assets goes, that is difficult, and really depends on if you are going to stay together or not. I was referring more to the original issue which might lead to her trying to liquidate assets or take money to buy drugs, if it gets to that point. In that case, you would want to open your own bank accounts and make sure that assets like a home and car were not held jointly in a manner where she could sell them without your permission.

I suspect though that you are now asking about something that is more directly related to family law and perhaps divorce. That really is a separate question and I don't handle family law issues as a rule. However, if you are thinking of splitting up, then I highly recommend that you sit down with a local family law/divorce attorney to discuss all of the issues that you are dealing with. You have a complicated case, due to the past law enforcement involvement, her current addiction issues, your children, and the dual citizenship issues, not to mention your health. So, you really need a local professional to assist you from the get go.

I would say that if you are concerned that she is going to lash out and get ugly if you try to split or get custody of your children, then you might want to consider turning her in to the authorities for her prescription fraud. I would not normally recommend something like that, and you might be able to wait to see how things progress, but if you are saying she will accuse you of criminal conduct, then it is an option to explore. That would be your best protection as far as the children are concerned. In other words, you have it on the record and that would even the playing field when it comes to custody.

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