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Mishandling Classified Information: The Jack Teixeira Case

The unlawful retention and dissemination is a serious offense often earning defendants significant jail time. Jack Teixeira a National Guard Airman was charged with two counts under the Espionage Act for disclosing classified material on a discord server. He has not yet been charged with treason which could land him a jail sentence of life.

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Say Goodbye to Acquitted Conduct at Sentencing…Hopefully

Since United States Watts Federal district courts have used acquitted conduct at sentencing to increase the guidelines of a federal defendant over the objection of a federal criminal defense attorney. Soon, the doctrine will be eviscerated either by the Supreme Court of the United States or the United States Sentencing Commission or both.

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United States v. Banks: This 3rd Cir. loss amount case has SCOTUS POTENTIAL

Banks created a boneheaded fraud scheme that was unsuccessful. This didn’t stop the government from securing a 104 month sentence based on his “intended” amount of fraud. The 3rd Circuit disagreed with the Government finding that the U.S. Sentencing Guidelines clearly relate to the “actual” loss and not the intended loss.

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Garland Appoints Special Counsel to investigate President Biden

Attorney General Merrick Garland appointed a special prosecutor to investigate the improper handling of classified records by President Joe Biden. Robert Hur was appointed to investigate the existence of records at Biden’s office and his home. Donald Trump is also under Special Counsel investigation for the same conduct after the DOJ found 184 records in his Florida Home.

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11th Circuit Gives Ruan a Hallow Victory

The 11th circuit issued its opinion on remand in Ruan v. United States and determined that the jury instructions were not sufficient to advise the jury of the requirement that a physician subjectively believe that he or she unlawfully distributed narcotics.

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DR. Lesly Pompy Acquitted of All 38 Counts of Drug Trafficking and Health care Fraud

Dr. Lesly Pompy was acquitted of unlawful distribution and $16 million in healthcare fraud after facing a federal investigation for nearly five years. Federal criminal defense attorney Ronald W. Chapman II secured victory after over a month long federal trial in the Eastern District of Michigan. This was Ron’s second back-to-back full acquittal against the US Attorney’s office in Detroit.

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Death Sentence Stands despite racially biased jurrors

Andre Thomas will be put to death after being convicted by an all white jury and being denied his sixth amendment right to effective assistance of counsel. Thomas appealed to the Supreme Court alleging that his counsel was ineffective for failing to strike the racially biased jurors who opposed inter-racial marriage.

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Federal Asset seizure in Drug Prosecutions and how to get $$ back

Federal forfeiture and seizure in federal drug prosecutions is the quickest way for federal prosecutors to secure victory before the case starts. Federal drug seizure and forfeiture laws permit nearly unfettered seizure of property. This article describes how to fight back.

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Ruan v. United States Analysis of Lower Court Applications

Ruan v. United States was a landmark decision by the Supreme Court increasing the standard needed to convict physicians of unlawful prescribing. Three months post Ruan, we are seeing a mixed bag of District Court decisions. Here is a breakdown of these trial court and appellate decisions.

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SCOTUS Petition Challenges DEA “Red Flags”

On the heels of the recent decision in Ruan v. United States, a Florida pharmacy is at the steps of the Supreme Court arguing that the DEA has unconstitutionally encroached on the practice of pharmacies dispensing opioid prescriptions. Should the Supreme Court take up this challenge it would be in a position to extend the Ruan decision to the practice of pharmacy and restrict the DEA’s powers to discipline pharmacists.

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Federal Jury ACQUITS Physicians Accused in $454 million Healthcare Fraud and Opioid trial

Detroit Federal Health Care Fraud Defense Attorney Secures Another Victory. A Detroit federal jury acquitted four physicians of allegations that they engaged in a $454 million dollar healthcare fraud and opioid scheme and conspiracy spanning six years. After six weens of testimony and just ten hours of deliberations the jury acquitted the four physicians of healthcare fraud, unlawful prescribing and conspiracy.

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SCOTUS Sides with Physicians in Opiate Opinion - Ruan v. United States

In the unanimous Supreme Court decision, Ruan v. United States, the Supreme Court struck down the application of objective standards as a vehicle for opioid prosecutions against physicians accused of unlawful prescribing. The Supreme Court paves the way for a more tailored approach to measuring physician conduct.

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