Sessions memo rescinded!
News just broke that the Acting AG, Monty Wilkinson, has rescinded the infamous Sessions‘s charging policy, and reinstated AG Holder’s charging policy, which directs prosecutors to conduct an individualized assessment of relevant facts in making charging and...In a blow to prosecutors, Judge Middlebrooks has ruled that prosecutors cannot tactically use Rule 48 when faced with an expiring statute of limitations.
During the pandemic, I have heard of several instances where prosecutors facing the expiration of a statute of limitations period will file an Information, only to then seek dismissal of the Information without prejudice in order to “stop the clock” from running. The...Two new PPP fraud indictments this week
This week brought two new Paycheck Protection Program (“PPP”) fraud indictments. The first indictment is out of the Southern District of Texas. The case is United States v. Amir Aqeel, et al., Case No, 4:20-cr-583 (S.D. Texas). In Aqeel, seven individuals were...Some relief for client in federal custody.
Last week, the U.S. House of Representatives passed H.R. 5546, the Effective Assistance of Counsel in the Digital Era Act. The Legislation extends the attorney-client confidentiality to emails sent to and from federal prisons. The bill requires the Bureau of Prisons...White House Memorandum Provides Regulated Industries with Greater Due Process
On August 31, 2020, the White House quietly released a memorandum that could significantly change the way civil and administrative enforcement actions proceed. The memorandum can be found here. The memorandum is directed to Deputy Secretaries of Executive Departments...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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