According to the New York Penal Law Sec 190.26(3), a person is guilty of criminal impersonation in the first degree when he is pretending to be a duly licensed physician or other person authorized to issue a prescription for any drug or any instrument or device used in the taking or administering of prescription drugs.

In many instances, health care professionals or medical students from outside the United States, or students enrolled in an unaccredited medical school in the United States, fail to take or pass the United States Medical Licensing Examination, a multipart evaluation system for applicants for initial medical licensure. Failure to complete the New York State health care professional licensure requirements does not allow the person to practice medicine. If the person does so without licensure in New York State, the person may be charged with criminal impersonation in the first degree which is an E felony.

The New York State Attorney General Office and its Criminal Prosecutions Bureau does not take such actions lightly; they may result in aggressive investigation by the Attorney General’s Office and in additional charges such as health care fraud.

If the unlicensed person knowingly, intentionally and/or willfully diagnosis and prescribes medication to patients, and requests payment from a health plan for his service, then he may additionally be charged with health care fraud. Health care fraud is punishable as an A misdemeanor by up to 1 year of incarceration to a B felony by up to eight and a half years of incarceration.

The investigations of criminal impersonation in the first degree and health care fraud in New York should not be taken lightly. It is advisable for the alleged person to speak with an attorney at the onset of such investigations.

If you are recently being investigated or charged for Criminal Impersonation in the First Degree and/or Health Care Fraud then call our office at (212) 577-6677 to get professional legal assistance.

Hector Collet, a self proclaimed New York City Department of Health and Mental Hygiene contractor, was charged with multiple counts of Criminal Possession of a Forged Instrument, Identity Theft, Criminal Impersonation and Petit Larceny, for posing as a City contractor and tricking small businesses into paying him “pre-inspection” fees.

Between July and August 2009, Collet had allegedly received a stolen id card from an AHRC of New York City agent, and fabricated letters indicating AHRC’s subcontract with the New York City Department of Health and Mental Hygiene.   Collet supposedly misrepresented himself as a contractor for the City to three local businesses in New York City to conduct “pre-inspections” and charged pre-inspection fees of $60-$75.

If convicted, Collet faces more than 11 years of imprisonment.

Sean Overstreet, a New York resident, was arrested and charged with Burglary in the 2^nd degree, Criminal Impersonation in the 2^nd degree, Unlawful Eviction, Obstructing Governmental Administration in the 2^nd degree, and Pretending to be a City Marshal.

On January 26, 2010, Overstreet and a codefendant wore City official badges and misrepresented themselves as a City Marshals before an eviction pending tenant. Overstreet displayed a contrived “legal” notice before the tenant and evicted the tenant from her basement apartment in Queens, New York while leaving most of her belongings behind.

However, on the next morning the evicted tenant contacted the City Marshal’s Office and was informed that her eviction was not scheduled and that Overstreet was not authorized personnel who may lawfully execute her eviction.

When police responded to the tenant’s report on Overstreet, the defendant yet again misrepresented himself to authorities that he is a City marshal.

Overstreet now faces 19 years of imprisonment if convicted.