On October 29, 2010, after a nine week trial, a jury found Anna Nicole Smith’s husband and psychiatrist guilty of conspiracy to illegally obtain pain medication for Anna Nicole. Anna Nicole’s medical doctor was found not guilty of overprescribing the pain medication that ultimately led to her overdose death.
Howard K. Smith, Anna Nicole’s attorney boyfriend, was charged with 11 crimes, but was convicted of only two: conspiracy to obtain a controlled substance by fraud and conspiracy to give a false name for a prescription.
Dr. Khristine Eroshevich, Anna Nicole’s psychiatrist, was convicted of the same conspiracy counts as Howard, as well as the substantive crimes of unlawfully prescribing and procuring pain medication through fraud and use of a false name.
Dr. Sandeep Kapoor, Anna Nicole’s medical doctor, was found not guilty of overprescribing and prescribing pain medication to a drug addict.
Howard and Dr. Eroshevich are scheduled to be sentenced early next year.
Under California Health & Safety Code section 11173(a)(1), obtaining opiates by fraud or a false statement is a felony punishable by up to three years in state prison.
Under California Health & Safety Code section 11156, prescribing or giving opiates to an opiate addict is a felony punishable by up to three years in state prison.
Under California Business & Professions Code 724(a) and (b), a professional authorized to prescribe opiates but who repeatedly overprescribes them is guilty of a misdemeanor punishable by a $100 to $600 fine, and a 60 to 180 day jail sentence.
Under California Penal Code section 182, a conspiracy to commit a crime exists when there is an intent between two or more people to enter into an agreement to commit a crime, the agreement is reached, and at least one overt act is committed in furtherance of the agreement. A conspiracy to commit a crime is punished identically to the actual commission of the crime; i.e., the sentence for a conspiracy to forge a prescription is the same as the criminal act of forging a prescription. In addition, a person can be punished for both conspiracy and the substantive crime.
If you or someone you know has been accused of illegally obtaining prescription medication, you will need an experienced Los Angeles County drug crime lawyer who will aggressively represent you and obtain the best result possible. At Wallin & Klarich, we have helped people accused of drug crimes for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.
