Legal Blog
Government Actions Against Law Firms - Status as of April 14, 2025
A summary of the government actions against law firms, including responses by law firms and the status of lawsuits
Anatomy of a Civil Trial
A real-life civil trial, examined and discussed by a former federal prosecutor and two college students. Great opportunity to get a better understanding about how a civil trial actually works.
How I Use Technology in My Trials
Some thoughts about how a former federal prosecutor uses technology to prepare for and conduct trials.
Operation Brace Yourself: A Look at the Data
Operation Brace Yourself, the Department of Justice’s 2019 effort to combat massive fraud in terms of durable medical equipment, has gotten a lot of attention and generated many press releases, but I thought it would be useful to look closer at the underlying Medicare data, something that I’ve done extensively in prosecuting and defending health care fraud cases. This will help show the problem that the government tried to address and some issues that attorneys and healthcare professionals should consider.
How to Build a Smoking Gun: Effectively Using Data and Documents
Imagine that you are an investigator and have access to an insider whose credibility could not be impeached and that this insider could lay out exactly what the defendant did with the money or told his victims. You would spend days with that insider, figuring out how to ask the right questions to elicit the information you need to make your case. Documents and data can be the equivalent of those potential insiders, and prosecutors and agents should treat them as such. With some time and the right mindset, documents and data can be turned into the equivalent of a “smoking gun,” strengthening cases and even helping make them in the first place.
Willfulness: Often-Overlooked in Healthcare Fraud and Kickback Cases
When it comes to healthcare fraud and kickback cases, I believe many attorneys – both prosecutors and defense attorneys – overlook one important element – “willfulness.” There are four main federal criminal statutes covering healthcare fraud (18 U.S.C. 1347, the Anti-Kickback Statute, false statements, and obstruction). All of them require the government to prove beyond a reasonable doubt that the defendant acted “willfully.”
Federal Sentencing Disparities Uncovered: A Closer Look at Federal Guidelines
A recent report by the U.S. Sentencing Commission sheds new light on the prevalence of unwarranted sentencing disparities in federal cases, and should get some more attention from prosecutors, defense attorneys, judges, and the public at large.