If you are a licensed professional, such as a doctor or nurse, there is a lot more at stake than your freedom if you are charged with a criminal offense. Your career, reputation and livelihood may also be on the line. Depending on the nature of your offenses, a...
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.
There is no one way of defining crimes of moral turpitude. Crimes involving offensive acts that are vile and depraved, that go against societal norms and the duty owed to others and are shocking to a reasonable person may come close to a definition. Generally...
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.
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...
Imagine seeing a patient who has a unique combination of symptoms. You can’t figure out an exact diagnosis, and no one else has been able to, either. Looking at all the documents from multiple specialists and other individuals, you think that you know what the...
You know that you can lose your medical license if you do anything that is intentionally incorrect or even deemed as a criminal act. Doctors and nurses are held to very high standards and you need to make sure that you provide the type of care your patients expect....
Another case where a Pa State Trooper makes up facts, charges someone with a criminal offense which the law determines is not illegal and the courts have to intercede to straighten the state police out. Call me to discuss your MMA card, police stop, DUI investigation
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...
Physicians go to work with the desire to take care of their patients and provide them with adequate medical care. But issues with licensing can get in their way of maintaining their ability to practice medicine. The Association of American Medical Colleges states that...
