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
Practice Note-
Third Circuit Adopts 5:00 PM Filing Deadline-
Effective July 1, 2023, the Third Circuit amended its local rules to require all filings, with the exception of those initiating a new appeal or other...more
7/11/2023
/ Appellate Courts ,
DBE Program ,
Department of Transportation (DOT) ,
Embezzlement ,
Evidence Suppression ,
False Claims Act (FCA) ,
Federal Tort Claims Act (FTCA) ,
Filing Deadlines ,
Hate Crimes ,
IRS ,
Malicious Prosecution ,
McCarran-Ferguson Act ,
State Insurance Administrations ,
Tax 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
On Tuesday, the Third Circuit issued a decision that will substantially impact the sentences imposed for federal fraud offenses. In United States v. Banks, the Court rejected the so-called “intended loss” rule in the Federal...more
Precedential Opinions of Note-
Conviction for Drug Distribution Overturned for Lack of Proof Playground Was ‘Open to the Public’...more
7/27/2022
/ Appeals ,
Appellate Courts ,
Assault ,
Child Pornography ,
Controlled Substances ,
Criminal Conspiracy ,
Cyber-Stalking ,
Drug Trafficking ,
Failure To Disclose ,
First Amendment ,
Free Speech ,
IRS ,
Medical Marijuana ,
Motion To Suppress ,
Speedy Trial Act ,
Witnesses
Background -
A Company received a grand jury subpoena under the Stored Communications Act (“SCA”) seeking information about an employee of one of the Company’s customers, who was the target of a criminal investigation. The...more
4/13/2020
/ Appeals ,
Child Pornography ,
Confessions ,
Customs and Border Protection ,
Deportation ,
False Claims Act (FCA) ,
First Amendment ,
Mobile Devices ,
Notice of Appeal ,
Personal Jurisdiction ,
RICO ,
Securities Violations ,
Stored Communications Act ,
Trafficking
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
Precedential Opinions of Note -
District Court Lacked Authority to Dismiss Indictment After Two Mistrials -
United States v. Wright (January 17, 2019), No. 17-1972
Majority decision: Shwartz (writing) and McKee
Dissent:...more
Precedential Opinions of Note -
Third Circuit Holds Sixth Amendment Right to Counsel Applies Post-Sentencing -
Richardson v. Superintendent Coal Township SCI (October 2, 2018), No. 15-4105 -
Unanimous decision: Bibas...more
Under new Justice Department guidance, corporate defendants have a crucial, time-sensitive window to implement remedial changes independently to potentially avoid the imposition of a government-required monitor to oversee...more
Precedential Opinions of Note -
Third Circuit Affirms Constitutionality of New Jersey’s Non-Monetary Bail Reform -
Holland v. Rosen (July 9, 2018), No. 17-3104
http://www2.ca3.uscourts.gov/opinarch/173104p.pdf
Unanimous...more
10/9/2018
/ Arbitration ,
Bail ,
Constitutional Challenges ,
Evidence ,
False Claims Act (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Juror Misconduct ,
Non-Monetary Payments ,
Qui Tam ,
RICO ,
Without Consent