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
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
A jury convicted Defendant of tax fraud after he underreported his cash income from two of his pharmacies. Defendant argued on appeal that the affidavit in support of his search warrant was defective because it contained...more
5/3/2022
/ Bribery ,
Criminal Conspiracy ,
Cross Examination ,
Evidence Suppression ,
False Claims Act (FCA) ,
Federal Rules of Evidence ,
Immigrants ,
Kickbacks ,
Mail Fraud ,
Police ,
Pro Se Litigants ,
Search Warrant ,
Sexual Harassment ,
Tax Fraud ,
Travel Act ,
Wire Fraud
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
United States v. Yusuf (April 2, 2021), No. 19-3472 Unanimous decision: Jordan (writing), McKee, and Smith Concurrence: McKee Defendants pleaded guilty to their respective crimes and stipulated that they would not argue, at...more
7/15/2021
/ Criminal Prosecution ,
Double Jeopardy ,
Federal Sentencing Guidelines ,
Fifth Amendment ,
Guilty Pleas ,
Mistrial ,
Obstruction of Justice ,
Plea Agreements ,
Remand ,
Resentencing ,
Sentencing ,
Sentencing Enhancements ,
Vacated
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
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