It is important to understand that failing to produce documents, producing false documents, or misleading investigators, even though the investigators are not state or federal officials, can have serious ramifications down the road. As such, it is es…
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FEDERAL HEALTH CARE FRAUD – “Pill Mills,” Medicare “Anti-Kickback” Frauds This year, the U.S. Department of Justice brought charges against numerous doctors and health care professionals alleging illegal distribution of millions of opioids…
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The Third Circuit’s decision in United States v. Ludwikowski, Crim. No. 18-1881, really underscores the importance of seeking the advice of counsel before ever speaking to the government or any law enforcement officer. In this case, Ludwikowski was…
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The Sixth Circuit’s in United States v. Banyan, reversed the defendants’ bank fraud convictions. The reason: the government didn’t show the defendants got any money from a bank. The court held: “…the government charged the defendants with t…
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In United States v. Rowe, No. 18-1192 (Apr. 2, 2019), the Third Circuit vacated the defendant’s conviction for distribution and possession with intent to distribute 1,000 grams of heroin because the government failed to prove that he distribute…
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On December 22, 2018, President Trump signed the First Step Act, a prison and sentencing reform bill. Below is a brief summary of some of the provisions. It should be noted that most of the provisions are not retroactive. Modifies Certain Mandatory M…
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The Supreme Court recently held that a guilty plea does not bar a federal criminal defendant from challenging the constitutionality of the statute of conviction on direct appeal. In Class v. United States, No. 16-424, _U.S._, 2018 WL 987347 (February…
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The Eighth Circuit in United States v. Parker, 2017 WL 400282 (8th Cir. 2017) held that conduct that occurred after the offense of conviction and after the trial does not constitute obstruction of justice. Bender, a defendant, was charged with conspi…
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The Supreme Court has just made an important step towards protecting defendants in criminal forfeiture. In Honeycutt v. United States, No 16-142 (June 5, 2017), the Court held that a defendant may not be held jointly and severally liable for property…
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The Tenth Circuit recently found it was permissible to add a sentencing enhancement based on the number of victims, even if not all of those victims had suffered financial loss. In United States v. Gonzales, No 16-2022 (10th Cir. 2016), defendant Gon…
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