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Pennsylvania Criminal Law

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

by | Dec 3, 2022 | , , , ,

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

by | Nov 15, 2022 | , , , ,

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

by | Dec 24, 2020 | , , , , ,

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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DUI ARD, Prior Offense, Sentencing Enhancement, Repeat Offender

by | Jul 9, 2020 | , , , , , , ,

Recidivist sentencing enhancement statutes continue to be declared unconstitutional based upon relatively recent US Supreme Court cases. In 2000 the U.S. Supreme Court decided State v. Apprendi. There the Court states a criminal sentence must be based upon facts the...

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Is it Time to Terminate your PHMP Contract ? — End The Torture

by | Apr 6, 2020 | , , , , , ,

I represent health care professionals in Pennsylvania’s health care monitoring program called teh PHMP, PNAP, SARPH, PHP. Some are int he program voluntarily. Some are forced.  Some of my clients’ contracts have been extended from 3 to 5 to 7 years in either PNAP, SARPH, or the PHP for a minor, singular violations of their Consent Agreement or Board Order.  Some of these extensions are forced or voluntarily entered. Call me.

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Pennsylvania Suspends Certain Licensure Requirements for State Board of Psychology, and State Board of Social Work, Marriage and Family Therapy, and Professional Counselors

by | Mar 31, 2020 | , , , , , ,

March 22, 2020 Pennsylvania Suspends Certain Licensure Requirements for State Board of Psychology, and State Board of Social Work, Marriage and Family Therapy, and Professional Counselors In order to increase the number of health-care practitioners available to...

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