Monthly Archives: August 2017

Can a Defendant Get Attorney’s Fees If He’s Acquitted and There’s Prosecutorial Misconduct?

In a civil case, a defendant cannot recover attorney’s fees from a plaintiff, even if the defendant wins. There are a few exceptions to the “American rule,” such as a when there’s a statute governing the case or the contract … Continue reading

Posted in DOJ policy and practice, Prosecutorial misconduct | 1 Comment

Speedy Trial Act Strategy in White-Collar Cases (Part I)

Being under criminal investigation is a stunningly powerless situation. You can’t control when the government starts an investigation, how long it lasts or when it will end. The Speedy Trial Act presents one of the few times when a criminal … Continue reading

Posted in Pre-Trial Motions Practice, Speedy Trial Act, Trial preparation | 1 Comment

Health Care Fraud 101

On July 13, 2017, the Department of Justice issued a press release touting “the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force.” Most likely, none of these case will be particularly complex. DOJ loves to … Continue reading

Posted in False Claims Act, Health care fraud, Kickbacks | Leave a comment