Criminal Defense

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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What is overprescribing?

With controlled substances and medications that you can’t buy over-the-counter, doctors have to prescribe that medicine first. Once you get the prescription, you’re then allowed to take it to a pharmacy, where that prescription will be filled. But getting the...

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