Andrew Feldman and Marissel Descalzo Obtain A Judgment of Acquittal in Fraud Trial Related to Clinical Trial
Andrew S. Feldman and I obtained a rare Rule29 judgment of acquittal on the one major count at trial alleging that the client participated in a wire fraud conspiracy. The wire fraud conspiracy related entirely to the client’s supposed involvement in a fraudulent...A win for the defense in False Claims Act actions
In United States ex rel, Sheldon v. Allergan Sales, LLC, the relator claimed that defendant drug manufacturer had engaged in an allegedly fraudulent price reporting scheme under the Medicaid Drug Rebate Statute. Under the Rebate statute, drug manufacturers seeking to...Another evidentiary scandal for prosecutors in New York
Discovery violations and delays might result in the dismissal of a indictment involving a $500 million fraud. This after the original indictment was dismissed without prejudice for similar issues. United States v. Morgan, et al, 18-cr-108; 21-cr-00032 (W.D.N.Y.). In...Opening statements in DaVita’s Criminal Antitrust case started yesterday
One of the first Department of Justice criminal antitrust cases targeting agreements in the labor market started yesterday. The Indictment charges that DaVita (a kidney dialysis center) engaged in three agreements with competitors that prevented solicitation of each...Trial Penalty in Varsity Blues Cases
I have often discussed the trial penalty here. Individuals are too often punished for going to trial. It appears that individuals in the Varsity Blues case have received a trial penalty for going to trial. The topic was covered by Law360 HERE. The Varsity Blues...ABOUT THE AUTHOR
I represent doctors, hospitals, skilled nursing facilities, pharmacies, and other health care providers, during government investigations and defend them in qui tam (whistle-blower) actions. I also regularly counsel companies from a variety of industries on the adoption and operation of their compliance programs and related due diligence issues.
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