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Burden of Proof Criminal Convictions

Holland & Knight LLP

Federal Judge Cites Ambiguous Coding Guidance, Vacates Doctor's Healthcare Fraud Conviction

Holland & Knight LLP on

A federal judge recently exposed weaknesses in the U.S. Department of Justice's (DOJ) criminal healthcare fraud enforcement efforts by vacating a jury's conviction of a prominent Maryland doctor. On Aug. 4, 2023, a federal...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Lessons From Hesser: Attempt Conviction Overturned

Takeaway: Attempt crimes can be proven only where a defendant’s objective is in fact illegal. If the government cannot prove that the defendant sought to do something which is, in fact, legal, then it has not sustained its...more

Oberheiden P.C.

U.S. Supreme Court Overturns Doctors’ Opioid Convictions in Ruan v. United States, Paving the Way for Additional Appeals

Oberheiden P.C. on

On June 27, 2022, the U.S. Supreme Court issued an important decision for doctors who have been convicted of violating the federal Controlled Substances Act in connection with the nation’s opioid crisis. In Ruan v. United...more

Oberheiden P.C.

Federal Indictment? Five Potential Outcomes and Five Potential Defenses

Oberheiden P.C. on

If you have received a federal indictment, you are facing a serious set of circumstances. Unless you are able to have your indictment dismissed, you will go to trial on federal charges, and you will be at risk for facing...more

Jackson Lewis P.C.

Noncitizen Bears Burden Of Proof When Challenging Deportation, U.S. Supreme Court Rules

Jackson Lewis P.C. on

A noncitizen applying for relief from deportation bears the burden of proving all elements of eligibility for relief, including that a conviction under a divisible state statute does not render the person ineligible for...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Pereida v. Wilkinson

On March 4, 2021, the U.S. Supreme Court decided Pereida v. Wilkinson, holding that noncitizens who seek to cancel a lawful removal order have the burden of proving they have not been convicted of a disqualifying crime, even...more

Dorsey & Whitney LLP

The Supreme Court - June 21, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued four decisions this morning:   North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, No. 18-457: North Carolina law imposes a tax on any trust income...more

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