Today I write about a 2004 Pennsylvania Supreme Court decision which discussed the implication of a foreign jurisdiction’s disciplinary actions on Pennsylvania licensees and Pennsylvania’s ability to use that disciplinary record in a Pa disciplinary...
Year: 2013
Mortgage Fraud Sentencing Enhancements
My last blog talked about the central issues of scope of criminal activity and actual loss in a mortgage fraud federal sentencing hearing. The recent case of U.S. v. David McCloskey, 2013 U.S. Dist. Lexis 168220 (November 26, 2013), discusses numerous issues guilty...
Mortgage Fraud, Scope of Criminal Activity and Actual Loss
The end of the housing bubble and mortgage fraud induced economic downturn is giving birth to numerous prosecutions for mortgage fraud. The recent case of U.S. v. David McCloskey, 2013 U.S. Dist. Lexis 168220 (November 26, 2013), is indicative of the numerous issues...
DUI Charges and Prescription Medications
This holiday season parties will be plenty, alcohol will be flowing, and prescription medications will be taken. The day before Thanksgiving has been rated as the highest DUI arrest days in the county. The driving under the influence problems arrests stemming...
Holiday Financial Problems and your Professional License
Every year, the holiday time brings joy and financial difficulty. If you are a licensee with access to clients’ private residences, personal effects, and property, taking advantage of that access in an illegal way will cause you to lose your license. Stealing...
Automobile Warrantless Searches and the Exclusionary Rules
Sometimes crazy things happen on the way to surrendering to federal prison. A recent case discusses issues a convicted federal felon confronted when he chose to not surrender but flee to the New Mexico border. When U.S. Marshals found him sitting in his car in the...
Multiple License Holders and Multiple Prosecutions
Today I am confronted with the issue of whether a professional possessing multiple licenses, who successfully defends a prosecution against one license, may be prosecuted by a different Board which regulates a different license for the same infraction. The short...
Fighting and Reporting Out-of-State Discipline to Pennsylvania’s Licensing Boards
A consistent and significant problem in many Pennsylvania disciplinary licensing matters I handle involve professionals who mistakenly stipulate to discipline in another state and then mistakenly fail to report the discipline to Pennsylvania’s licensing board....
The VRP and its Consequences
A standardized contract with a three-year term similar to requirements outlined by PHMP Board ordered Consent Agreements is utilized. Random Observed Body Screens are used to determine abstinence is being maintained. (We may require urine, serum, blood, saliva,...
Nursing License Discipline, Willful Misconduct, and Unemployment Compensation
The first battle in nursing, work-place disciplinary cases is the unemployment compensation fight. Even though nursing positions are in high demand, unemployment compensation bridges the gap until new employment is found. Here, employers lob their first volley of...