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
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 -
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