Almost 200 People Charged in Sweeping Nationwide Crackdown Announced by DOJ
Attorney General Merrick Garland announced in a press conference that the Justice Department had recently filed charges against nearly 200 individuals for their roles in various frauds relating to the healthcare industry, with the aggregated alleged false claims totaling $2.7 billion. Those charged included doctors, nurse practitioners, and other licensed medical professionals in the two-week nationwide health care fraud sweep, with authorities seizing over $230 million in cash, luxury goods and other assets from the accused. Cases highlighted by the DOJ included an Arizona couple accused of providing medically
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Law Offices of Darryl A. Goldberg
As a criminal defense attorney, Darryl A. Goldberg has a simple legal philosophy — he treats every case as if it were a death penalty case. Intensity, commitment, perseverance — these are words that epitomize his approach to criminal defense. No matter the situation, he is always prepared for battle and determined to win for his client.
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Supreme Court Limits SEC Enforcement Power Against Fraud
Court Said In-House Administrative Proceedings Violate Jury Trial Rights
In another decision reached this week, the Supreme Court ruled against the Security and Exchange Commission (”SEC”) in a dispute over the ability of the federal agency to use in-house judicial proceedings to seek civil penalties against defendants accused of engaging in securities fraud. The case, SEC v. Jarkesy, involved a founder of two hedge funds who was investigated by the SEC and ultimately found by an administrative law judge in an in-house proceeding, rather than a jury trial in federal court, to have violated securities law over false claims to…
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Supreme Court Overturns Conviction of Indiana Mayor on Bribery Charges
Ruling Narrows the Scope of Federal Bribery Law
As we covered earlier this year, the Supreme Court agreed to hear the appeal of an Indiana mayor who was convicted in 2019 on federal bribery charges after he received $13,000 from a trucking company for consulting fees after he had previously selected the company for about $1 million worth of city contracts. In a 6-3 majority, the Supreme Court overturned his conviction, agreeing with the former-mayor’s argument that there was no quid-pro-quo to the arrangement between the company and then-mayor when the contract was awarded and represented a gift after the…
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Federal Prosecutions on Overall Downward Trajectory
Many Federal Agencies See Drop in Number of Cases Prosecuted Since Pandemic
Chicago and many other metropolitan areas around the United States are expected to see a sharp decline in the number of federal prosecutions that are tied to various federal law enforcement agencies. For the current fiscal year, Chicago is expected to see a 37% decline in prosecutions of cases from the Bureau of Alcohol, Tobacco, Firearms and Explosives(“ATF”), a 45% decline of cases from the Drug Enforcement Administration(“DEA”), and an 8% decline in cases from the Federal Bureau of Investigations (“FBI”), according to Syracuse University’s Transactional Records Access…
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Supreme Court Weighs in On Expert Witness Confrontation Confusion
Court Rules Defendants Have Right to Confront Forensic Lab Technicians
As we’ve previously covered, there are always potential issues when forensic evidence is introduced at trial. Last week, the United States Supreme Court issued a ruling that strengthened a defendants right to challenge expert testimony in court by limiting the admissibility of expert statements made outside of the court. The case, Smith v Arizona, concerned an Arizona man who had been charged with multiple drug possession felonies after law enforcement executed a search warrant at his father’s property and allegedly recovered methamphetamine and marijuana. During his subsequent trial, a…
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Recent Supreme Court Rulings Will Impact Defendants
Court Upholds Restrictions on Gun Possession for Domestic Abusers
As we previously anticipated, the Supreme Court issued a ruling in a case which tested that the limits of the Second Amendment right to bear arms. At issue was the federal restriction that bans gun possession from individuals subject to a domestic violence restraining order and whether or not that restriction violated a person’s Second Amendment rights. The case, United States v. Rahimi, involved Zackery Rahimi, who was charged with participating in 5 shootings while he had an active restraining order against him, which prohibited him from possessing a firearm…
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Illinois’ Attorney General Focuses on Child Pornography Enforcement
Charges Brought Against Illinois Resident for Dissemination and Possession of Child Pornography by AG’s Office
Earlier this week, the Illinois Attorney General’s Office under Kwame Raoul announced several charges against a Brighton man, David Crane, in the Macoupin County Circuit Court after officers conducted a search of Crane’s residence that turned up evidence of child pornography. The Attorney General Office runs the Illinois Internet Crimes Against Children (“ICAC”) Task Force which investigates possible child exploitation crimes through reports of possible child pornography through the National Center for Missing and Exploited Children (“NCMEC”), a nonprofit established by Congress. Crane’s arrest, who…
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Supreme Court Strikes Down Federal Ban on Gun Bump Stocks
US Supreme Court Rules Devices Used on Semi-Automatic Guns are Legal
In an update to our previous coverage over the United States Supreme Court’s handling of federal gun laws, the Court recently struck down a Trump-era federal ban on “bump stocks.” Bump stocks are accessories which convert semi-automatic weapons to ones capable of firing hundreds of rounds per minute, similar to an automatic weapon. The ban was enacted in the wake of the Las Vegas mass shooting in 2017, when the Bureau of Alcohol, Tobacco, Firearms and Explosive (“ATF”), acted under the authority of the National Firearms Act of 1934…
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Automated Police Surveillance Systems Come Under Scrutiny
Virginia Court Rules Police Use of the Technology Unconstitutional
A Virginia Court recently ruled that a local police department’s use of automatic license plate readers was a Fourth Amendment violation against unreasonable search and seizures and as a result suppressed all evidence derived from its use in a particular case. The city of Norfolk recently installed a “FLOCK system” of 172 automatic plate reader cameras around the city that tracks the various locations of vehicles, and that information was then stored for up to 30 days in a system that was readily accessible to any police officers in the city’s…
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Chicago Police Department Further Increases Transparency of Misconduct to the Public
Misconduct Investigations of Chicago Police Officers to be Made Public
About two weeks ago the Chicago Police Department announced a forthcoming new policy that will make all misconduct investigations into individual officers public for the first time. This is a radical shift from the traditional policy that often left the public in the dark about complaints against officers. The department will work with the Community Commission for Public Safety and Accountability to develop a system that will allow for records held by the Bureau of Internal Affairs (“BIA”) to be made available to the public. “This is a huge step…
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Further Investigations of PPP Loan Fraud
Brokers Blamed for Rampant PPP Loan Fraud but So Far Have Largely Evaded Punishment
In an update to our previous coverage of Paycheck Protection Program (“PPP”) Loan Frauds, further investigations into allegations of fraud/abuse in connection with COVID-19 relief program related scams have revealed a troubling trend that many of those responsible for obtaining the loans apparently continue to avoid punishment. That is because many of those responsible for filling out the paperwork and causing loans to be distributed to individuals did not receive the money themselves but instead received a brokerage fee or “kick-back” from the individual whose name…
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Bill Introduced to US Congress That Would Alter Federal Supervised Release
Bipartisan Bill Seeks to Provide Off-Ramp for Those Subject to Supervised Release
Recently a bill was introduced, the Safer Supervision Act, in both the Senate by Senators Chris Coons (D–Del.) and John Cornyn (T–Texas) and in the House by Reps. Wesley Hunt (R–Texas) and Sheila Jackson Lee (D–Texas) that would make it easier for certain individuals to be released from federal supervised release after their release from the Bureau of Prisons, often for multiple years. Currently, a vast majority of those sentenced at the federal level include some period of supervised release, 82% in the fiscal year 2022 according…
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Increasing Calls for Regulation of Popular Delta-8 THC
Legislation Seeking to Regulate Delta-8 THC Stalls in Illinois House of Representatives
A recent bill proposed to regulate the sellers of delta-8 THC, CBD and other hemp-derived products more stringently failed to pass earlier this week after the bill, which passed the Illinois State Senate 54-1 over the weekend, did not receive a vote in the House of Representatives before the legislative session came to a close. Seeking to restrict the sale of these products to only businesses that have undergone the stringent cannabis dispensary licensing process, the bill would have cut out many current sellers such as gas stations…
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Justice Department to Focus on Antitrust Enforcement
New Task Force Announced to Focus on Healthcare
The Department of Justice recently unveiled a new task force aiming to root out monopolies and collusion in the healthcare market, including shaping policy decisions, conducting investigations, and, when warranted, bringing civil and criminal enforcement actions. The task force will “identify and root out monopolies and collusive practices that increase costs, decrease quality and create single points of failure in the healthcare industry” Assistance Attorney General Jonathan Kanter said in a statement. In an interview, Kanter went on to say, “Today’s announcement essentially explains that we are upping our game and we…
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Potential New Felony Traffic Laws Proposed in Illinois General Assembly
Proposed Legislation Would Make It a Felony to Run from Police
Under the current law in Illinois, anyone who flees from the police after an attempted traffic stop can only be charged with a misdemeanor for fleeing in their vehicle unless they meet certain aggravating criteria. For example, aggravated fleeing or attempting to elude a peace officer (which is a felony) requires traveling over 21 miles per hour over the speed limit, bodily injury, disobeying two or more traffic control devices, or concealing or altering the vehicle’s registration or digital registration plate. However, a bill recently introduced in the Illinois…
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Recent Arrests by DOJ Highlight Growing Trend in Cybercrime Prosecutions
Arizona Woman Arrested for Assisting North Korea Infiltrate Major US Companies
The Justice Department recently unsealed an indictment against a U.S. citizen and three North Koreans using aliases that engaged in a complex fraud to secure remote employment as software and application developers in a wide range of industries, generating almost $7 million that was then funneled back to North Korea. The U.S. citizen, Christina Chapman, was arrested in her hometown in Arizona and is accused of receiving and hosting laptop computers sent by the various employers to make it appears as though the North Korean IT workers were located…
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