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Holder on Health Care Fraud
AG Holder speaking at the Detroit Health Care Fraud Prevention Summit stated: "In just the last fiscal year, we obtained settlements and judgments amounting to more than $2.5 billion in False Claims Act matters alleging health care fraud – the largest annual figure in history and an increase of more than 50% from fiscal year
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Brady Problems Outside Alaska
Following the Kohring Catastrophe (see here, here, and here), one has to start looking closely at other cases with alleged Brady violations. One such case is the Brown case pending in the 5th Circuit. Counsel for James A. Brown (Daniel K. Hedges, Sidney Powell, and Torrence E. Lewis) filed an extensive brief in the 5th
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Third Circuit Looking at Attorney-Client Privilege Case in a Corporate Setting
Sue Reisinger, Corporate Counsel, has a wonderful article titled, Court to Rule in Case of Imprisoned U.K. Exec That Carries Major Privilege Implications. This case is another interesting one with a dilemma on whether corporate counsel has in fact represented an individual within the corporation. There are unusual twists to this case, that may exceed
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In the News & Around the Blogosphere
AP, NYTimes, Lawyer to Pay $150 Million in Foreign Bribery Plea Deal (w/ a hat tip to Ivan Dominguez) Brock Vergaris, Washington Post, Blackwater contractors convicted in Va. trial (w/ a hat tip to Ivan Dominguez) DOJ Press Release, Houston-Area Resident Sentenced to 41 Months in Prison for Medicare Fraud Scheme Involving Claims of Hurricane Damage to
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Second Circuit Reinstates Conviction in Clean Air Act Case
The Second Circuit Court of Appeals reinstated a conspiracy conviction coming from a Clean Air Act case. The trial court had entered a judgment of acquittal on the conspiracy count. The government appealed this decision and the Second Circuit vacated the judgment of acquittal on the conspiracy count and remanded the case to the district
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More on Alaskan Corruption Cases
For those interested in delving into the details of the Alaskan federal corruption cases, I recommend Cliff Groh's excellent Alaska Political Corruption blog. Cliff is a thoughtful commentator who has worked as a prosecutor and defense attorney. He attended all but one of the Alaskan federal corruption trials. (wisenberg)
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The Vic Kohring Catastrophe: Some Reflections Upon Rereading the Ninth Circuit’s Opinion
I'm calling it the Vic Kohring Catastrophe, and it should be one for the DOJ, but so far the patience of Congress and the district courts in the face of DOJ's repeated blockbuster Brady violations seems infinite. Here are the things that really stand out for me from the majority opinion. (All of the judges voted to
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More on the Brady Violation Reversal
Previously discussed is the vacating of Vic Kohring's conviction due to Brady Violations here. Check out Richard Mauer's piece in the Anchorage Daily News, Kohring Corruption Conviction Tossed by Appeals Court. So what happens now in the accompanying case of Rep. Pete Kott, who still awaits the Ninth Circuit's decision? If you were the government, what would you do before the
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The Latest on the Ring Case
Check our Mike Scarcella, BLT Blog, Ex-Abramoff Associate Denied New Trial in Corruption Case These are some of the motions that had been filed in this case: Kevin A. Ring's Motion for Judgment of Acquittal – Download 12-15-10 MJOA (DE 233) Kevin A. Ring's Motion for a New Trial – Download 12-15-2010 Motion for a
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Ninth Circuit Court of Appeals Vacates Conviction Because of a Violation of Brady/Giglio
The Ninth Circuit Court of Appeals vacated a defendant's conviction and remanded the case for a new trial as a result of violations of Brady/Giglio. (USA v. Victor Kohring opinion) The defendant "Victor Kohring, a former member of the Alaska State House of Representatives, was convicted in federal district court on three counts of public corruption