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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What prescribers need to know about prescription fraud
Prescription fraud refers to any illegitimate use of a prescription to obtain medication. Prescribers who engage in such activity could face federal or state criminal charges and lose their medical licenses. All medical professionals should understand the types of...
3 examples of crimes directly related to the nursing profession
The State Board of Nursing in Pennsylvania has compiled a list of crimes that are “directly related” to the nursing profession. Here are three of those crimes along with an explanation as to how the Board views a criminal conviction. 1. Drugs or alcohol Because of...
What is an immediate and clear danger to public safety?
Like with other states, you need a license to practice pharmacy in Pennsylvania. While you may not think much about your license, losing it may make it virtually impossible to support yourself and your family members. You may also struggle to obtain a pharmacy license...
Can you lose your Pennsylvania nursing license because of a DUI?
When you make your living as a nurse in Pennsylvania, you need to be careful how you behave. Certain types of legal trouble have the potential to threaten your nursing license. If you receive a charge for driving under the influence of alcohol in Pennsylvania, you may...
What are the top reasons for nursing license loss?
As a nurse who poured all of your time, effort, attention and money into gaining your license, you want to protect it at all costs. This means understanding all of the ways in which you could end up with a suspended or even revoked license. What are the top causes for...
Will pleading “no contest” cost me my license?
While you may be a respected member of the medical profession, it is unlikely that your expertise extends far into the law. While virtually everybody understands the difference between pleading “guilty” and “not guilty” to criminal charges of any variety, the “no...
MARIJUANA IS LEGAL IN NEW JERSEY — BIG CHANGES ALREADY
HERE IS THE TEXT OF THE DIRECTIVE FROM THE ATTORNEY GENERAL FOR THE STATE OF NEW JERSEY SUBJECT: Directive Governing Dismissals of Certain Pending Marijuana Charges On February 22, 2021, the Governor signed the New Jersey Cannabis Regulatory, Enforcement...
DAUPHIN COUNTY ARD RULES CHANGE DURING COVID
Ard rules for Dauphin County
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.