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Durable Medical Equipment (DME) Fraud

Durable Medical Equipment Fraud (“DME Fraud”) is a highly active area of Federal criminal prosecution. Last year, the FBI and the US Department of Health and Human Services Office of the Inspector General broke up and prosecuted a DME Fraud scheme alleged to have caused more than $1 billion in Medicare losses. What is Durable Medical Equipment Fraud? Under what

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Fourth Circuit Update: United States v. Alan Williams

On July 20, 2021, the U.S. Court of Appeals for the Fourth Circuit decided Appeal Number 20-4120, United States v. Alan Williams. Judge Rushing wrote for the Court. Judges Agee and Harris joined the opinion. In itself, the Court’s decision is not particularly interesting. Rather, what we find remarkable about it is how it illustrates the contrast between how courts

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Fourth Circuit Update: United States v. Comer

On July 21, 2021, the Court of Appeals for the Fourth Circuit decided Appeal Number 19-4466, United States v. Marysa Renee Comer. Judge Wynn wrote for the Court. Judges Keenan and Thacker joined the opinion. In a sentence, the Court approved a condition of supervised release that prohibited use of social media with permission from the U.S. Probation Office. This

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Fourth Circuit Update: United States v. Moody

Last Tuesday, June 22, 2021 the Court of Appeals for the Fourth Circuit decided United States v. Moody. This decision is unlikely to make any significant changes to legal doctrine. What is interesting about the Court’s opinion is the Court’s expression of doubt about the breadth of modern conspiracy law. The case arose when police stopped a car at roughly

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The Effect of No-Knock Warrant Restrictions on Admission of Evidence in Federal Court

By Jonathan Knowles – On April 10, 2021, the Maryland legislature overrode Governor Hogan’s veto to pass three bills dedicated to police reform.[1]  Among the provisions contained in these bills were significant restrictions on police officers’ authority to request a “no-knock search warrant.”  Since the tragic death of Breonna Taylor, other states have implemented similar restrictions and more are likely

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The Scope of the Computer Fraud and Abuse Act After Van Buren

By Jonathan Knowles – We have previously examined United States v. Van Buren, then pending before the Supreme Court of the United States. On June 3, 2021, the Supreme Court issued its opinion interpreting the Computer Fraud and Abuse Act of 1986. The Court limited violations of the Act to access of information that a person is never authorized to

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What Is Rodchenkov Anti-Doping Act of 2019?

The Rodchenkov Anti-Doping Act of 2019 is a new Federal statute designed to impose criminal penalties on those involved in international athletic doping conspiracies. Introduced in the U.S. Senate in 2019 by Senator Sheldon Whitehouse, it aims to provide restitution for victims and to require the sharing of information with the U.S. Anti-Doping Agency. The statute provides extraterritorial jurisdiction to

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The Federal False Claims Act: Knowing Is Half the Battle

The False Claims Act, or FCA, is the Federal statute under which fraud against the US Government is prosecuted. The FCA was first enacted during the Civil War in order to combat defense contractor fraud. Since then, it has been amended and updated a number of times to ensure applicability to additional forms of fraud arising from not only government

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