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Durable Medical Equipment Fraud (“DME Fraud”) is a highly active area of Federal criminal prosecution. Last year, the FBI and the US Department of Health and Human Services Office of the Inspector General broke up and prosecuted a DME Fraud scheme alleged to have caused more than $1 billion in Medicare losses. What is Durable Medical Equipment Fraud? Under what
The Court of Appeals for the D.C. Circuit recently issued an opinion clarifying the procedures for a wrongly-accused person to seek a certificate of innocence. Such a certificate is required if that person is to be compensated for undeserved prison time. The Court of Appeals suggested that federal judges in the District of Columbia should hold an evidentiary hearing. If
On July 20, 2021, the U.S. Court of Appeals for the Fourth Circuit decided Appeal Number 20-4120, United States v. Alan Williams. Judge Rushing wrote for the Court. Judges Agee and Harris joined the opinion. In itself, the Court’s decision is not particularly interesting. Rather, what we find remarkable about it is how it illustrates the contrast between how courts
On July 21, 2021, the Court of Appeals for the Fourth Circuit decided Appeal Number 19-4466, United States v. Marysa Renee Comer. Judge Wynn wrote for the Court. Judges Keenan and Thacker joined the opinion. In a sentence, the Court approved a condition of supervised release that prohibited use of social media with permission from the U.S. Probation Office. This
Last Tuesday, June 22, 2021 the Court of Appeals for the Fourth Circuit decided United States v. Moody. This decision is unlikely to make any significant changes to legal doctrine. What is interesting about the Court’s opinion is the Court’s expression of doubt about the breadth of modern conspiracy law. The case arose when police stopped a car at roughly
By Jonathan Knowles – On April 10, 2021, the Maryland legislature overrode Governor Hogan’s veto to pass three bills dedicated to police reform.[1] Among the provisions contained in these bills were significant restrictions on police officers’ authority to request a “no-knock search warrant.” Since the tragic death of Breonna Taylor, other states have implemented similar restrictions and more are likely
By Jonathan Knowles – We have previously examined United States v. Van Buren, then pending before the Supreme Court of the United States. On June 3, 2021, the Supreme Court issued its opinion interpreting the Computer Fraud and Abuse Act of 1986. The Court limited violations of the Act to access of information that a person is never authorized to
The Rodchenkov Anti-Doping Act of 2019 is a new Federal statute designed to impose criminal penalties on those involved in international athletic doping conspiracies. Introduced in the U.S. Senate in 2019 by Senator Sheldon Whitehouse, it aims to provide restitution for victims and to require the sharing of information with the U.S. Anti-Doping Agency. The statute provides extraterritorial jurisdiction to
The False Claims Act, or FCA, is the Federal statute under which fraud against the US Government is prosecuted. The FCA was first enacted during the Civil War in order to combat defense contractor fraud. Since then, it has been amended and updated a number of times to ensure applicability to additional forms of fraud arising from not only government
Introduction: What Is The Anti-Money Laundering Act of 2020? The Anti-Money Laundering Act of 2020 (“AMLA”) is a new law which makes certain important amendments to the Bank Secrecy Act (“BSA”). It was enacted in January 2021. While the core purpose of the AMLA is prevent the movement of money through US financial institutions intended for the funding of terrorism
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