A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial. During these delays,...more
7/17/2024
/ Appeals ,
Appellate Courts ,
Criminal Records ,
Derivative Tort Claims ,
Double Jeopardy ,
En Banc Review ,
Federal Rules of Criminal Procedure ,
Firearms ,
Foreign Corrupt Practices Act (FCPA) ,
Healthcare Fraud ,
Mitigating Factors ,
Sex Trafficking ,
Shareholders ,
White Collar Crimes
Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as...more
4/11/2024
/ Appeals ,
Appellate Courts ,
Bodily Injury ,
Conflicts of Interest ,
Constitutional Challenges ,
Criminal Background Checks ,
Cyber Threats ,
Death Penalty ,
Evidence ,
Excessive Force ,
Federal Rules of Civil Procedure ,
IRS ,
Plea Agreements ,
RICO ,
Robbery ,
Sex Trafficking ,
Tax Liability ,
Tax Refunds ,
White Collar Crimes
BACKGROUND-
A sugar distributor sought to acquire a sugar producer. The district court determined that the relevant product market included distributors as sources of refined sugar, in addition to sugar producers. The...more
10/11/2023
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
Broker-Dealer ,
Criminal Conspiracy ,
Disgorgement ,
Double Jeopardy ,
Evidence ,
Exploitation ,
Extrapolation ,
False Claims Act (FCA) ,
False Documentation ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Fraudulent Transfers ,
Health Care Providers ,
Minors ,
Opioid ,
Physicians ,
Prescription Drugs ,
Search Warrant ,
Securities ,
Securities and Exchange Commission (SEC) ,
Sex Offenders ,
Standing ,
Summary Judgment ,
White Collar Crimes ,
Wire Fraud
Court Determines That ‘Obviously Wrong’ Crime Does Not Require Proof of Blameworthy Intent-
United States v. Heinrich (January 23, 2023), No. 21-2723- http://www2.ca3.uscourts.gov/opinarch/212723p.pdf Unanimous decision:...more
4/20/2023
/ Appellate Courts ,
Bribery ,
Child Abuse ,
Drug Distribution ,
Drug Trafficking ,
Fifth Amendment ,
Fraud ,
Intent ,
Polygraph Tests ,
Tax Avoidance ,
Tax Court ,
Tax Deductions ,
Tax Evasion ,
Tax Liability ,
White Collar Crimes
Defendants Cannot Move for Compassionate Release Based Solely on Post-Sentencing Cooperation-
United States v. Claude (October 27, 2021), No. 20-3563-
BACKGROUND-
Defendant sought compassionate release to reduce his...more
1/13/2022
/ Causation ,
Coast Guard ,
Cooperation ,
Criminal Prosecution ,
Dismissals ,
Drug Distribution ,
En Banc Review ,
False Claims Act (FCA) ,
False Statements ,
Falsified Documents ,
FBI ,
Federal Rules of Civil Procedure ,
Firearms ,
For Profit Education ,
Illegal Drugs ,
Oil Spills ,
Public Funds ,
Qui Tam ,
SCOTUS ,
Self-Representation ,
Sixth Amendment ,
Tax Fraud ,
Unnecessary Medical Procedures ,
White Collar Crimes ,
Willful Misconduct
Court Holds 2009 Amendments to 31 U.S.C. § 3729(a)(1)(B) Apply Retroactively - United States ex rel. International Brotherhood of Electrical Workers Local Union No. 98 v. The Fairfield Company (July 13, 2021), No. 20-1922...more
Precedential Opinions of Note -
Government Must Prove Falsity Under Any Objectively Reasonable Standard -
United States v. Harra (January 12, 2021), No. 19-1105 http://www2.ca3.uscourts.gov/opinarch/191105p.pdf Unanimous...more
4/16/2021
/ Appeals ,
Banks ,
Bribery ,
Criminal Prosecution ,
Disclosure Requirements ,
Dissenting Opinions ,
Drug & Alcohol Abuse ,
Enforcement Actions ,
False Statements ,
Federal Sentencing Guidelines ,
Forfeiture ,
Plain Error ,
Prejudice ,
Securities Fraud ,
Sexual Assault ,
Supervised Release ,
Tax Fraud ,
White Collar Crimes
The path, once again, is clear: regulators look favorably upon organizations that flag compliance issues for internal investigations, self-report violations, and cooperate with government officials. This strategy was...more
2/10/2021
/ Bureau of Industry and Security (BIS) ,
Educational Institutions ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
National Security ,
Regulatory Violations ,
Settlement ,
White Collar Crimes
Precedential Opinions of Note -
False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator -
In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more
1/15/2021
/ Asylum ,
Criminal Convictions ,
Evidence ,
False Claims Act (FCA) ,
Federal Sentencing Guidelines ,
First-to-File ,
Fraud ,
Jury Selection ,
Malicious Prosecution ,
Plain Error ,
Public Access Laws ,
Qui Tam ,
Sentencing ,
Sentencing Enhancements ,
Supervised Release ,
White Collar Crimes
Precedential Opinions of Note -
Evidence from Outside Limitations Period Permissible to Prove Ongoing Scheme to Defraud -
United States v. James (April 3, 2020), No. 19-1250...more
10/19/2020
/ Appeals ,
Criminal Convictions ,
Criminal Prosecution ,
Deportation ,
Discovery ,
Drug Trafficking ,
Embezzlement ,
Evidence ,
Miranda Warnings ,
Murder ,
Robbery ,
Sentencing Enhancements ,
White Collar Crimes ,
Wire Fraud ,
Witness Tampering
Last fall, in United State ex rel. Silver v. Omnicare, Inc. (3d Cir. 2018), the Third Circuit addressed the False Claims Act’s public disclosure bar. The Court held that a qui tam relator’s claim is not barred by reliance on...more
Precedential Opinions of Note -
Court Remands Habeas Petition for Evidentiary Hearing on Potential Constitutional Violations -
BACKGROUND -
A jury convicted Defendant of burglary, robbery, and felony-murder. The...more
Precedential Opinions of Note -
Court Overturns Narcotics Conviction for Lack of Evidence of Drug Quantity -
United States v. Rowe (April 2, 2019), No. 18-1192 -
Unanimous decision: Fisher (writing), Smith, and McKee...more
A Quarterly Review of Third Circuit Opinions for White-Collar Criminal Lawyers -
Precedential Opinions of Note -
Third Circuit Rules That 42 U.S.C. § 1572(d) Does Not Protect Misuse of Funds -
United States v. James (April...more