Fifth Circuit rules in favor of attorney client privilege
The Fifth Circuit created a new avenue to protect privileged materials in Harbor Healthcare Systems LP v. United States – Federal Rule of Civil Procedure 41(g). Harbor Healthcare Systems (“Harbor Healthcare”) was the subject of two qui tam investigations. Following responses to several Civil Investigative Demands, the Department of Justice executed a search warrant at […]
Happy to announce the release of The State of Criminal Justice 2021
Edited by Mark E Wojcik Now available at: https://americanbar.org/products/inv/book/415804170/ This publication examines and reports on the major issues, trends and significant changes in the criminal justice system. The 2021 edition contains chapters focusing on specific aspects of the criminal justice field, with summaries of all of the adopted official ABA policies passed in 2020-2021 that address […]
District Court reverses conviction due to Brady violation.
The United States District Court in the Middle District of Tennessee reversed a murder conviction and granted a new trial in the case of United States v. Maurice Burks, 2021 WL 2209334, due to the prosecutor’s failure to disclose Brady evidence prior to trial. The Burks case was tried over 25 days where 85 witnesses […]
“Everyone knew” evidence is not sufficient to convict
The Fifth Circuit Court of Appeals has reversed the defendant’s conviction in United States v. Jonathan Nora, 988 F.3d 823 (5th Cir. Feb. 24, 2021) – a case wherein Nora was convicted of conspiracy to commit health care fraud, payment of illegal kickbacks, and aiding and abetting health care fraud. The government had indicted 23 […]
Lesson and Insights from one of the first PPP fraud trial in the country.
I had the opportunity to speak to Nicole Hughes Waid a partner at Fisher Broyles, following her trial in the case of United States v. Casey David Crowther, Case No. 20-cr-00114 (M.D. Fla.). Crowther was one of the first people charged by the federal government with fraud related to the receipt of Paycheck Protection Program […]