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What are my rights if I was accused of insider trading?

In general terms, illegal insider trading refers to buying or selling a security, in breach of a fiduciary duty or other relationship of trust and confidence, on the basis of material, nonpublic information about the security. The U.S. Securities and Exchange Commission (SEC) has brought insider trading cases against: Corporate officers, directors, and employees who...

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What are my options if I'm accused of Medicaid fraud?

There are generally two types of Medicaid fraud: fraud committed by healthcare service providers and fraud committed by recipients. The attorneys at Brewer, Pritchard & Buckley, P.C. represent healthcare service providers and medical professionals who have been accused of Medicaid fraud and are facing disciplinary action from a state or federal agency. Some examples of...

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Does the two-step test infringe on Second Amendment rights?

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...

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Support for ‘conscience rule’ of healthcare workers raised in amicus brief

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...

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Covid-19 epidemic rapidly fueling healthcare fraud

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...

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Can a guilty plea be withdrawn under Rule 48?

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...

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Prominent False Claims Act firm gearing up for wave of CARES Act fraud prosecutions

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...

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Federal Wire Fraud and Mail Fraud Statutes to take center stage in COVID-19 fraud prosecutions

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...

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