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
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
The Department of Justice (DOJ) is continuing its crackdown on alleged “no poach” or “wage fixing” market collusion between competitors.
Last week, DOJ announced charges against four individuals operating home health...more
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
Last week, the U.S. Department of Justice reiterated its strong message to the business community: Be very careful with no-poach hiring agreements.
DOJ unsealed criminal charges on Thursday against a former director of...more
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
The path, once again, is clear: regulators look favorably upon organizations that flag compliance issues for internal investigations, self-report violations, and cooperate with government officials. This strategy was...more
2/10/2021
/ Bureau of Industry and Security (BIS) ,
Educational Institutions ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Policy ,
National Security ,
Regulatory Violations ,
Settlement ,
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
The Department of Justice (DOJ) is carrying out its promise to prosecute illegal “no-poach” agreements between companies. Until last week, DOJ had brought only civil enforcement actions against companies that have allegedly...more
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
Last week the U.S. Attorney’s Office for the Eastern District of Pennsylvania (EDPA) announced a historic non-prosecution agreement involving 5Dimes, a major offshore sports-betting operator. The agreement represents a major...more
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
On May 2, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) published A Framework for OFAC Compliance Commitments. In this document, OFAC outlines its expectations for effective sanctions...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