Everything you need to know about the Trump indictment…
Donald Trump has been indicted and here is everything you want to know. Will Trump go to jail? Where will the case be tried? What are the charges? Federal criminal defense attorney Ronald W. Chapman II breaks down the charges.
Federal Judge Dismisses Patient Death Charges in Opioid Trial of Dr. Thomas Sachy
Federal criminal defense attorney Ronald W. Chapman II secured dismissal of 20 year mandatory minimum death charges for a Georgia Doctor - Thomas Sachy. Dr. Sachy walked out of court a free man after beating charges that he unlawfully distributed drugs and ran a pill mill leading to the death of two patients.
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.
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.
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.
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.
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.
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.
1985 First Amendment case Key in analyzing Celebrity FTX Liability
Celebrity endorsers of FTX are now facing investigations and lawsuits related to their promotion of the now defunct exchange.
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.
Ciminelli v. United States: Supreme Court to Address a “Paradigmatic Overextension of Fraud Law” This Term
The Supreme Court will hear Ciminelli v. United States this term. Ciminelli is a case in which the Supreme Court will determine if the federal wire fraud statute is violated where the victim is deprived of the right to control assets.
BIDEN announces pardon of marijuana possession - We Answer your Burning Questions
President Biden announced a three step plan for addressing prior marijuana convictions. Federal Defense Blog answers your burning questions about this development.
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.
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.
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.
Five Strategies for Securing Acquittal in Physician Opioid Prescribing Cases - Post Ruan
Securing acquittal in opioid prescribing or “pill mill” cases is a daunting task. Federal criminal defense attorney Ronald Chapman is
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.
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.