Hark and Hark

What is actual loss pursuant to USSG § 2B1.1(b)(1)(G)

In every federal criminal indictment, trial, and sentencing after a plea or conviction, a defendant’s fate is guided by the actual financial loss the criminal acts caused. In United States v. Banks, — F.4th —- (Nov. 30, 2022), Frederick Banks was convicted of fraud. At sentencing, the federal judge applied the USSG § 2B1.1(b)(1)(G)’s enhancement for the intended fraud loss, not actual loss, because there was no actual monetary loss. Banks appealed and on November 30, 2022, the 3d Circuit court of appeal reversed his sentence.

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Ruan and How the Courts and Prosecutors are Managing it

Translating this case into my client’s legal defense is easy.  Having handled many physician prescribing prosecutions, long-term physician patient relationships are easily documents through chart reviews.  Medically appropriate prescriptions can only be proven through clear charts, well documented and proper physical examinations, objective medical tests and diagnostic imaging.  Call me to discuss your case, your patient load, your prescribing history, any state or federal DEA investigatory subpoenas.  Lets talk about debarment, public or private health insurance audits and claw backs for care properly rendered and medically necessary.

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New PNAP — Work Place Restrictions

“The licensee shall not work in any practice setting without workplace monitoring. The constant physical presence of the monitor/supervisor is not required. However, workplace monitoring requires that the monitor/supervisor be always readily available and accessible to the licensee via communication device. If you have any questions regarding this change, please contact your PNAP case manager for clarification.”

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US Supreme Court Holds: Doctors prosecuted incorrectly for authorized dispensing of authorized prescriptions

In Summary, the court concludes that §841’s “knowingly or intentionally” mens rea applies to the “except as authorized” clause. This means that in a §841 prosecution in which a defendant meets his burden of production under §885, the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner. 

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PA Constitution Requires a Warrant Before Police Search Your Car. Commonwealth v. Alexander December 22, 2020 (Merry Christmas)

In Pennsylvania, obtaining a warrant prior to searching a care is now the default rule. If an officer proceeds to conduct a warrantless search, a reviewing court will be required to determine whether exigent circumstances existed to justify the officer’s judgment that obtaining a warrant was not reasonably practicable.

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