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Appointment of a Special Master – Court Order in Trump Case
When the affidavit on the warrant was released, albeit redacted, it was clear that this was a situation where the government asked for materials for the National Archives and Records Administration (NARA) but received only some of the materials, and that a search was conducted to get the rest of the materials, although it remains
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Obstruction of Justice – A Topic in the Release of the Search Warrant Affidavit
Not surprising, the release of the Affidavit in Support of an Application Under Rule 41 for a Warrant to Search and Seize items from Mar-a-Lago is heavily redacted. This is necessary, as it is clear that individuals and information need protection. Equally important is that we are dealing with classified material and whatever that information
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Health Care Fraud Charged in Coordinated Government Enforcement Action
A DOJ press release today noted that they brought "criminal charges against 36 defendants in 13 federal districts across the United States for more than $1.2 billion in alleged fraudulent telemedicine, cardiovascular and cancer genetic testing, and durable medical equipment (DME) schemes." (see here). The Press Release notes that: The coordinated federal investigations announced today
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Fourth Circuit Affirms Andrew Powers Conviction: General Allegation of Venue Sufficient
The Fourth Circuit has affirmed the wire fraud conviction of Communique founder Andrew Powers. The opinion is here. Powers argued that the Indictment failed to properly allege venue, because it did not specify where each alleged fraudulent wire and mailing were sent from or received. The Fourth Circuit held, unsurprisingly, that the general allegation of
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Supreme Court Accepts Two Fraud Related Cases
The Supreme Court accepted two cases that provide questions related to how to interpret current fraud statutes, specifically mail and wire fraud. In Percoco v. United States, the question presented is "[d]oes a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental decisionmaking, owe a
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Total Victory for the Defense in Greenbelt Health Care Fraud Case
After a three-week trial, and only one full day of deliberations, a federal jury in Greenbelt, MD acquitted Kasandra Vilchez-Duarte and Donnie Amis on all counts of an indictment charging conspiracies to defraud Medicaid and violate the Anti-Kickback statute. Congratulations to the defense teams: Federal Defenders Maggie Grace & Ned Smock on behalf of Ms.
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Massive Victory for Physicians and the White Collar Bar in the Government’s War Against Doctors
We have posted several times over the past year about the consolidated cases of Ruan v. United States and Kahn v. United States, pending at the U.S. Supreme Court this term. The cases involved the level of scienter required to convict doctors of illegal distribution of Schedule II Narcotics under the Controlled Substances Act. The
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Intent Can Be Inferred From the Circumstances
A basic principle taught in law school is that intent can be inferred from the circumstances. Juries routinely look at the surrounding evidence to determine if the accused had the intent to commit a crime. In street crime cases it is common for the crime to be committed outside the presence of the police, and
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Willfully Blind As To What?
The January 6 Committee spent much of Monday's hearing focusing on all of the advisors and experts who told Donald Trump that he lost the 2020 election fair and square and not through vote fraud. As political theatre it was impressive, but I'm not sure how relevant it will be to any decision by AG
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The Timothy Shea Mistrial: It’s Tough To Dismiss An Obstinate Juror
SDNY Judge Analisa Torres granted a mistrial last week in the federal fraud trial against "We Build A Wall" Defendant Timothy Shea. On June 2, 11 of the jurors sent a note to the judge, asking that a 12th juror be dismissed because he allegedly refused to deliberate, based on what appeared to be his
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