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Investigations Posts
Md. Case: An Issue of Medical Judgment or Criminal Fraud?
Sep 3, 2010
Md. Case: An Issue of Medical Judgment or Criminal Fraud?
On September 1, 2010, John R. McLean, a former cardiologist based in Salisbury, Md., was indicted by a federal grand jury for health care fraud and for making false statements to Medicare and Medicaid. McLean is charged with performing operations to insert stents – devices to treat coronary disease – in the arteries of patients…
Lesson From Ex-Congressman’s Plight: Follow Rules, Come Clean
Aug 13, 2010
Lesson From Ex-Congressman’s Plight: Follow Rules, Come Clean
Federal prosecutors often take very seriously the prohibitions on illegal lobbying and on withholding the truth from the FBI. That’s one of the lessons that former U.S. Rep. Mark Siljander probably learned last month when he pleaded guilty to two federal charges relating to his alleged ties to an Islamic charity claimed to have funded…
Honest Services Fraud — Still Alive and Kicking?
Aug 9, 2010
Honest Services Fraud — Still Alive and Kicking?
We wrote recently that the very recent Supreme Court decision in United States v. Skilling, limiting the reach of the federal “honest services” statute, may have an immediate impact on the ongoing case against Kevin A. Ring, a former associate of Jack Abramoff. See “Skilling Having Impact on Pending Honest Services Fraud Cases,” July 28,…
Court Places Limits on DOJ’s Asset Forfeiture Powers
Aug 4, 2010
Court Places Limits on DOJ’s Asset Forfeiture Powers
The D.C. Circuit recently handed a significant victory to anyone with assets in the U.S. – especially anyone under investigation in another country for violation of that country’s laws. As reported on the Blog of Legal Times, the D.C. Circuit issued a decision on July 16 holding that the Department of Justice could not seize…
Skilling Having Impact on Pending Honest Services Fraud Cases
Jul 28, 2010
Skilling Having Impact on Pending Honest Services Fraud Cases
On June 24, 2010, the U.S. Supreme Court handed down its much-awaited ruling in Skilling v. United States, which limited the scope of honest-services fraud. The next step is to look at the lower courts and see how they are interpreting the Skilling decision. After comments made very recently by U.S. District Judge Ellen Segal Huvelle…
DOJ Official Seeks to Clear Her Name After Contempt Charge
Jul 19, 2010
DOJ Official Seeks to Clear Her Name After Contempt Charge
A recent filing in the U.S. District Court for the District of Columbia uncovered a sidelight to the story of the botched prosecution of former Sen. Ted Stevens (R-Alaska). In April 2009, U.S. District Judge Emmet Sullivan set aside the verdict in the criminal case against Stevens and dismissed the case on the grounds of…
Arizona Immigration Statute: DOJ Raises Law Enforcement Issues
Jul 12, 2010
Arizona Immigration Statute: DOJ Raises Law Enforcement Issues
On July 6, 2010, the U.S. Department of Justice filed a lawsuit seeking to prohibit the enforcement of the controversial new anti-immigration law passed by the state of Arizona in April. See, for example, the helpful summary in the blog of Legal Times. DOJ is seeking declaratory and injunctive relief to prohibit the enforcement of…
Federal Criminal Charges Dropped — But Reputations Damaged
Jul 8, 2010
Federal Criminal Charges Dropped — But Reputations Damaged
A recent Bloomberg News article points to a disturbing trend – a dramatic increase in ultimately unsupportable white-collar federal indictments. In recent years, a growing number of executives have been indicted for corporate crimes and then had the charges dropped. From 2006 to 2008, the most recent period available, U.S. prosecutors dismissed charges against 42…
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
Jul 2, 2010
Has the FBI Gone Too Far in Investigating White-Collar Crime and Fraud?
A recent Wall Street Journal article describing the FBI’s use against suspected financial criminals of techniques normally used to hunt terrorists shows how seriously white-collar crime is being viewed these days. It also vindicates those who sounded warning bells after 9/11 when Americans were asked to trade civil liberties for the promise of national security. …
Judge Weighs In on DOJ ‘Side Agreement’ With Bank
Jun 8, 2010
Judge Weighs In on DOJ ‘Side Agreement’ With Bank
In a rare occurrence, a so-called deferred prosecution agreement entered into by the U.S. Department of Justice with a target of a criminal investigation has been subject to scrutiny by a federal judge, and the result wasn’t favorable to the government. In fact, a judicial ruling in the case of a fired Miami bank executive…
