Matthew G. Kaiser

Matthew G. Kaiser

The Kaiser Law Firm PLLC

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Short Wins - The "The Victims A Person Is Convicted Of Defrauding Have To Be The Same Ones As The Ones He Was Indicted For...

Last week was a busy week in the federal circuits. There's a lot there to be interested in, especially if you have a case at the intersection of mental health issues and the law....more

4/8/2014 - Fraud Healthcare Mental Health

Short Wins - The Forfeiture Order Gets Reversed Version

There were a handful of good wins in the federal circuits last week. Notably, United States v. Annabi, pushed back on a government forfeiture because the language in the indictment was inadequate. Forfeiture is a huge issue...more

4/2/2014 - Forfeiture Fraud Sanctions Vacated

Short Wins - The "A U.S. Attorney In California Does The Right Thing Edition"

There are two interesting opinions I'd like to highlight from this crop. First, there's United States v. Prado from the Seventh Circuit. Every now and again, in sentencing, a district court will say it can't consider...more

3/5/2014 - Criminal Prosecution Fraud Ineffective Assistance of Counsel Robbery

Short Wins - A Dog's Breakfast Of Victories

It's a grab bag of victories in the federal circuits for last week. A few sentencing remands - including one based on a loss calculation in a health care fraud case - but the most interesting remand is in the First Circuit's...more

2/21/2014 - Fraud Healthcare Healthcare Fraud

Short Wins - Last Post Of The Year Edition

It's generally a slow time of year between Christmas and New Year's, but the federal circuits have been busy. But who wouldn't want to start the year with a remand in a criminal case (other than the government)?...more

12/30/2013 - CPO Driver's Licenses Evidence Evidence Suppression Fraud Search Warrant Warrantless Searches

Short Wins - The Greg Poe Vindicates An AFPD's Reputation Edition

Last week's wins are below - and there are some great reads. But today, let's congratulate Greg Poe for his work challenging sanctions imposed on a fine career AFPD in the Sixth Circuit....more

11/19/2013 - Federal Sentencing Guidelines Fraud Sentencing Trials

Short Wins - A Twofer Week

Due to my own sloth, we're presenting two weeks of short wins in one post. Here it is! There are some good cases here, featuring the Armed Career Criminal Act, the Fourth Amendment, and law enforcement agents...more

9/24/2013 - Expert Testimony Expert Witness Fourth Amendment Fraud Law Enforcement

Does A Person Submitting False Medicare Bills Abuse The Trust Of The Doctor Making Money Off Of The False Bills?

Hiring is always hard, especially in a small office. You have work that needs to be done. You can't do it all. Maybe you're a professional, like a doctor, and some of the work isn't the best use of your time....more

5/17/2013 - Billing Fraud Healthcare Medicaid Medicare

Short Wins - Missing Evidence, Medicare Fraud, And How Normal People React To Federal Prosecutions

There was only one published criminal case in the federal circuits last week where the defendant won. It's a good case on jury instructions for missing evidence, and the short write up is below....more

5/14/2013 - Evidence Federal Prosecutors Fraud Healthcare Fraud Medicare

The Fourth Circuit Holds That A Plea Based On Law Enforcement Fraud Is Invalid, Even If The Person Is Guilty

October 29, 2007 started bad for Cortez Fisher. He walked out of his house and the Baltimore police approached him (he lived in Baltimore). They asked to talk to him. He said no. He tried to drive away, but backed into...more

4/29/2013 - Affidavits Fraud Law Enforcement Pleas Police Search Warrant

The Third Circuit Shows How The Sentencing Guidelines For Fraud Are Complicated; Victims And Losses Bamboozle The Government And...

The federal sentencing guidelines are probably the most problematic in three areas - fraud, child pornography, and drugs....more

3/7/2013 - Credit Cards Federal Sentencing Guidelines Fraud Intended Loss

Health Care Fraud Restitution Amounts Can't Be Set On Just An Insurance Company Saying It Would Like A Lot Of Money

Two doctors, married to each other, were accused of health care fraud. They pled guilty and fought at sentencing about the amount of the restitution that they would have to pay back to the insurance companies for what they...more

1/25/2013 - Fraud Healthcare Restitution Reversible Error

Short Wins - Restrictions On Prison Communications, Career Offender Remands, Competency Hearings, And Mail Fraud

In our first "Short Wins" of the new year, the Eighth Circuit reverses a district court's order restricting a person in BOP custody from communicating with folks on the outside, the Ninth Circuit reverses on a career offender...more

1/7/2013 - Competency Counterfeiting Drug Trafficking Fraud Right To Counsel Sentencing

Short Wins - Mayan Apocalypse Edition; The World Didn't End, But There Are New Cases On Restitution, Health Care Fraud, Federal...

One would have thought that, with the end of the world predicted for Friday of last week, our nation's appellate courts would have spent their last week on Earth with family or friends, rather than cranking out wins for folks...more

12/26/2012 - Abuse of Discretion Bank Fraud Fraud Healthcare Restitution Sentencing Sequestration Stalking

Short Wins - Stealing The Identity Of A Corporation, Conspiracies To Distribute Marijuana, And Jury Instructions For Sexual...

This week's wins cover three circuits and four diverse areas of law. Particularly interesting (to me) are the Fourth Circuit's opinion holding that it may not be a crime to steal the identity of a corporation. It feels...more

12/17/2012 - Fraud Identity Theft Illegal Reentry Jury Instructions Marijuana Sentencing Sexual Assault

A Federal Judge Can't Reopen A Sentencing Hearing, Even When There's $17 million In Restitution At Stake

It's hard, when things go wrong, not to seek a mulligan. And we all get off on the wrong foot sometimes. When a case is in front of a federal judge for sentencing, though, a mulligan is only very rarely...more

12/14/2012 - Appeals Fraud Ponzi Scheme Restitution Sentencing Waivers

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