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Recent Posts
- Can the Government Seek Forfeiture of a Criminal Defense Attorney’s Fees? (Part 1)
- OIG Investigations in the Time of Coronavirus: Time and Attendance Fraud by Federal Employees
- Cell Site Evidence is Junk Science (and a Recent DC Opinion Could Help Keep It Out of Court)
- The Advantages of Small Firms (And Kropf Moseley Is Hiring)
- Is DOJ Stuck With Its Positions in the “Updated” Roger Stone Sentencing Memo?
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Category Archives: Reversal
Winning the Hard Way
The hardest appeal to win is one based on insufficiency of the evidence. It argues that “the jury got it wrong.” Courts of appeal do not look kindly upon this argument, not only because it forces the court to dig … Continue reading
Posted in Appeal, Conspiracy, Health care fraud, Reversal
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The Best Sentence in the McDonnell Decision
Like most defense attorneys, I welcomed the Supreme Court’s decision in the McDonnell case. The Court vacated former Governor McDonnell’s convictions for Hobbs Act extortion and honest services fraud and remanded the case to the Fourth Circuit for further findings. … Continue reading
Posted in Appeal, Public Corruption, Reversal
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Commercial Negotiation Tactics Are Not Fraud: Seventh Circuit Limits Scope of the Wire Fraud Statute
The federal wire fraud statute is incredibly broad. In this era of non-stop email and texts, it’s hard to imagine a white collar case that doesn’t implicate it. For the most part, courts have been reluctant to limit its reach. … Continue reading
Posted in Appeal, Reversal, Wire Fraud
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Identity Theft Statute Narrowed — A Little Bit
In recent years, the government has increasingly prosecuted individuals under the federal aggravated identity theft statute. This increase may be from the legitimate increase in identity theft but it may also result from the government’s realization that the statute’s mandatory … Continue reading
Posted in Appeal, Health care fraud, Identity Theft, Reversal
Tagged Health Care Industry
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A Brady Win for a Defendant–Finally (and Some Tips to Get Brady Material)
The conviction and sentence of a man in California were recently vacated when it was discovered that the government had improperly withheld exculpatory material from his defense team at trial. We read a lot of stories about the failures of Brady … Continue reading
Posted in Conspiracy, Discovery/Brady, Reversal
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