Multi-state professional licensees face significant legal issues when confronted with a disciplinary action or criminal charges from one state. It is important to know when and what to properly report to each jurisdiction after incurring a criminal charge, conviction,...
Year: 2014
Smart Phone Police Searches Now Require a Warrant, Unless Consent is Given
Government searches of every smart phone now require a warrant. Any other ruling in Riley v. California, would have voided the United States Constitution, Fourth Amendment's proscriptions against governmental rummaging through the personal effects of its citizens. In...
Medicare Fraud — Total Loss Guideline Calculations
One of my recent blogs discussed a new federal court ruling addressing a federal sentencing guideline comment that increases offense level calculations based upon total versus net loss to the government. This decision has enormous implications in the health care fraud...
Total Value of Loss Calculation in Federal Sentencing
The federal sentencing guidelines are a complex set of congressional mandates and instructions identifying for federal judges all factors to be considered when sentencing a federally convicted felon to prison. The federal government is one of the largest contractors...
Another PHMP Trap –Be Careful
Pennsylvania's Professional Health Monitoring Program ("PHMP") is replete with trap doors and fake doorways that effectively extend the probationary period beyond three years. In reviewing a client's agreement to extend his PHMP probation for violating the...
Another Federal Sentencing Provision –Identity Theft
This blog will focus on U.S.S.G. Section 2B1.1(b)(2)(C) as a specific sentencing provision of the United States Sentencing Guidelines. In this age serious identity theft crimes (the Target Store), this one provision can substantially increase a federal sentencing...
PHMP Trickery — Do Not Fall For It
"Please have your approved treatment provider send a written statement authorizing your return to practice and contact me for permission before you begin or return to work in your profession."Every day I receive calls from professionals with different contacts from...
Examples of Why Attorney Representation Can Change the Outcome of Your Disciplinary Case
This blog shall focus on two recent Commonwealth Court cases involving professionals who did not retain counsel and sought to handle their disciplinary cases pro se. Unfortunately, each professional had a fool for a client and lost their case. The moral is make sure...
Pennsylvania State and Federal Cell Phone and Car Searches Now With Out a Warrant
The Pennsylvania Supreme Court issued two important evidentiary decisions this week. The first decision focuses on the admissibility of drug evidence discovered after a warrantless automobile search. The second decision focuses on the admissibility of statements and...
States’ Legalization of Pot and How Pennsylvania’s refusal to Legalize Pot Effects You
Other states' legalization of marijuana has had a huge impact on Pennsylvania residents. Pennsylvania has not taken any steps to legalize possession or personal use of marijuana. Neighboring state's legalization and lax federal enforcement has resulted in...