The Kaiser Law Firm PLLC

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Washington, DC 20005, United States

Contact: Matthew Kaiser, Attorney

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Lying Isn't Always Fraud - the Sixth Circuit Sends A Case Back Because Buying Drugs From a Drug Distributor Is What The Drug Distributor Wants

Lester and Nancy Sadler, a husband and wife, ran a series of pain management clinics in Ohio. As the Sixth Circuit explained, "these were not conventional plain clinics." For example, at one clinic patients would arrive…more
| Criminal Law

Short Wins - the Shameless Promotion Edition

United States v. Flores-Mejia, Third Circuit: The court vacated Appellant's sentence after being convicted of reentry after deportation. The Third Circuit, however, used the opportunity to change its current law and now requires…more
| Criminal Law

Short Wins - the Presentment Delay Issue

It's a relatively slow week in the federal circuits. My favorite case of the last week is United States v. Torres Pimental. You've got to love a suppression motion being granted off of a government delay in presentment…more
| Constitutional Law, Criminal Law

Short Wins - the Seventh Circuit Draws a Line on Supervised Release

There's been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions. Supervised release may not be the sexiest of…more
| Constitutional Law, Criminal Law

Short Wins - The Immunity Edition

Today's featured defense victory is United States v. Barefoot, which deals with a kind of surprising course of conduct in the Fourth Circuit. In Barefoot, a person gave information to the government to help them investigate…more
| Constitutional Law, Criminal Law

Short Wins - the Forfeiture Chart Edition

It's a been a relatively quiet week in the federal circuits. Which is one reason I think this week is a nice one to share this very cool graphic on how forfeiture laws are hurting people in these United…more
| Constitutional Law, Criminal Law

Short Wins - The Expert Testimony Edition

In this edition, I think the most interesting case (of a number of interesting cases) is United States v. Garcia. There, the government had an agent testify as an expert. The Fourth Circuit reversed, because the agent's…more
| Criminal Law

Short Wins - the "Venue in a Federal Criminal Case Is Not Infinite" Edition

There's a lot in this week's edition of Short Wins, but my favorite is United States v. Aurenheimer. Federal venue is a broad thing. It's nice to see a circuit push back a little on just how broad it can be…more
| Constitutional Law, Criminal Law

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

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
| Constitutional Law, Criminal Law

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 in…more
| Criminal Law

Short Wins - The Smurfing Edition

The big news in this edition of Short Wins is United States v. Abair - a simply crazy Seventh Circuit. I already wrote about it for a general legal audience on Above the Law (Inspector Javert Goes Smurfing in Indiana) -…more
| Criminal Law

Short Wins - The Money Laundering Leadership Edition

It's a good week for sentencing remands in the federal circuits. To my mind, the most interesting case is United States v. Salgado, where the Eleventh Circuit reversed a district court for considering the person who was being…more
| Constitutional Law, Criminal Law

Short Wins - The Aggravated Identity Theft, 18 U.S.C. § 1028A, And Stacking Edition

Aggravated identity theft - charged under 1028A - seems like it's getting more and more popular among federal prosecutors. It does come with massive leverage in plea negotiations; a conviction for a violation of 18 U.S.C. §…more
| Criminal Law

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
| Constitutional Law, Criminal Law

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
| Criminal Law
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