Legal Blog
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.