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The 9th U.S. Circuit Court of Appeals is weighing a challenge to California's Proposition 63 that created the state's problem-plagued ammunition background-check program. In April, U.S. District Judge Roger T. Benitez said the state's program has been used to "systematically prohibit or deter an untold number of law-abiding California citizen-residents from undergoing the required background...

In the case of the State of New York vs. the U.S. Department of Health and Human Services (HHS), U.S. District Court Judge Paul A. Engelmayer voided the federal government’s “conscience rule,” which would have allowed healthcare workers to exercise their ethical rights to refuse to perform medical procedures that violate their religious or moral...

The Centers for Medicare and Medicaid Services (CMS) has instituted a series of initiatives in recent years to end the “pay-and-chase” system. Under the “pay-and-chase” model, federal healthcare programs blindly pay out hundreds of billions of dollars in healthcare claims each year — and then later come back to identify fraud in those claims and...

Rule 48a allows the federal government to dismiss an indictment or complaint. The rule also allows for the dismissal of the prosecution during trial with the consent of the defendant with the leave of the court. In addition, Rule 48b allows the court to dismiss an indictment or complaint if there are delays in presenting...

In December of 2017, United States Army Lieutenant General Michael Flynn (Ret.) appeared in federal court to formalize a deal with Special Counsel Robert Mueller to plead guilty to a felony count of "willfully and knowingly" making false statements to the FBI about his contacts with Russia shortly after the 2016 presidential election. In June...

In the case of Lori Rodriguez, ET AL., Petitioners, vs City Of San Jose, Calfornia, ET AL., Respondents, an action was brought by a husband and wife to the district court regarding civil rights violations. According to the Plaintiffs, the husband was detained for a mental health evaluation in response to a 911 call. In...

Lawyers at the Houston firm of Brewer, Pritchard & Buckley are marshaling the firm’s white-collar criminal defense resources as a wave of CARES Act fraud prosecutions, civil enforcement and opportunistic qui tam actions begins to take shape across the United States. Mark Brewer, a principal of the firm, notes that federal prosecutors have already filed...

As the novel coronavirus pandemic continues throughout the U.S., federal law enforcement agencies are ramping up to counter a massive spike in fraud stemming from the COVID-19 crisis. Federal investigators are devoting substantial resources to targeting a wide and proliferating variety of fraudulent schemes including the online promotion of bogus coronavirus cures and counterfeit medical...

Experienced False Claims Act defense lawyers explain how process works More than $2 trillion in federal aid has been designated for Coronavirus COVID-19 relief for individuals, small businesses and corporations, according to The Houston Chronicle and many other news sources. Additional federal relief funding is anticipated, as well, to help people and businesses struggling financially...

Accusations of healthcare fraud can have serious consequences. Every year, many surgeons, doctors and other healthcare professionals are accused of healthcare fraud. If convicted, they could face years in jail and face thousands (or even millions) of dollars in fines. They could even perhaps lose their medical license or face other disciplinary sanctions. With so...