ZDNet: DOJ amends request for data from anti-Trump site by Stephanie Condon The Justice Department attempts to allay First and Fourth Amendment concerns but continues to seek data on visitors to an anti-Trump website. The US Justice Department on Tuesday … Continue reading →
ZDNet: DOJ amends request for data from anti-Trump site
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CA5: There is a common law right of access in SW materials by the target of the search
A search target has a common law right of access to the search warrant materials, but the case is remanded to the district court for more factual findings of why the target can’t get access. [The target did not raise … Continue reading →
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CA7: RS man was casing a store for robbery made it reasonable to believe he was armed for a frisk
The cases that apply to plaintiff’s Terry stop don’t necessarily apply to plaintiff’s frisk. Here, the precedents were too dissimilar, and defendants are entitled to qualified immunity for the frisk. Plaintiff was a “suspicious person” believed to be casing a … Continue reading →
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Mass Incarceration – An Established Tradition in the U.S.
The phrase “Mass Incarceration” has become synonymous with a failed criminal justice system, but millions of people were incarcerated years before we acknowledged mass criminalization.[1] The data show that the prison population had bloated before policymakers and the public recognized it was out of control. In the 1970s, the U.S. decided that prison was the answer to combating crime, however, studies show that the high incarceration rate didn’t reduce serious crimes. Between 1993 and 2001, the prison population increased by 66%, but serious crime only reduced by 2-5%. During the same period, the U.S. spent $53 billion to support imprisonment policies – a high price of using many tax dollars for a low reduction in crime.[2] Although the U.S. was incarcerating at exorbitant rates, credit goes to author, Michelle Alexander, for publishing prison facts in her 2010 book The New Jim Crow: Mass Incarceration in the Age of Colorblindness. Shocking…
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Michigan Legislature Maintains Tough Stance of Drunk Driving
There was a time when the drunk driving laws in the state of Michigan had a friendly overtone to them but as most things in our state, things are constantly changing. The reality is that Michigan has transitioned from the auto capital of the world to a state that is competing to be the leader in the marijuana industry and with these changing times, forgiveness for drunk driving offenses has taken on an entirely new persona. With tougher laws, we are going to need tougher lawyers. Perhaps nobody in the state of Michigan is tougher on defending drunk driving offenses than Scott Grabel of Grabel and Associates. When asked about these changing times, Grabel stated, “In June of this year, our legislature sent a clear message to their citizens and that message was that drunk driving laws were going to get tougher. There was hope that the laws would revert back to more forgiveness as it was in 2003 but message was shot down.” The history of Michigan and the state’s…
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US intervenes in whistleblower’s case against city of Los Angeles, LA agency
On June 7, the Department of Justice announced that it was intervening in a qui tam relator’s complaint against the City of Los Angeles, California, and its redevelopment agency over housing grants. According to DOJ’s press release: The United States has intervened in a lawsuit against the City of Los Angeles and the CRA/LA (formerly the Community Redevelopment Agency of the City of Los Angeles) alleging that they falsely certified compliance with federal accessibility laws in connection with claims submitted to the U.S. Department of Housing and Urban Development (HUD) for housing grants, the Department of Justice announced today. The accessibility laws allegedly violated include Section 504 of the Rehabilitation Act, the Fair Housing Act, and the duty to affirmatively further fair housing, which are meant to ensure that people with disabilities have fair and equal access to public housing. The lawsuit alleges that the City applied for and received from HUD…
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Egyptian construction company pays $1.1 million to settle False Claims Act allegations
On June 13, the Department of Justice announced that a Cairo-based construction firm agreed to pay $1.1 million to settle allegations that the company defrauded the United States on Agency for International Development contracts. According to DOJ’s press release: Misr Sons Development S.A.E. (Hassan Allam Sons, “HAS”), a construction company with its principal place of business in Cairo, Egypt, has agreed to pay $1.1 million to settle allegations that HAS submitted false claims in connection with U.S. Agency for International Development (USAID) contracts, the Justice Department announced today. * * * The settlement concerns USAID-funded contracts for the construction of water and wastewater infrastructure projects in the Arab Republic of Egypt in the 1990s. The contracts were awarded to a joint venture partnership that included Washington Group International Inc. (WGI), Contrack International Inc. (Contrack) and HAS. The United States…
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STOSSEL DOCUMENTARY SHINES LIGHT ON NEW YORK GUN LAW ABYSS
A documentary produced by John Stossel about the experiences of two clients of Tilem & Associates who flew through New York airports, one with a gun and one with a firearm magazine clearly demonstrates the absurdity of New York gun laws and the real need for National Concealed Carry Reciprocity. The video can be viewed here. The video tells the story of Tricia Jordan who was with her daughter when she was attempting to fly out of Laguardia airport with a gun and was arrested for the class “C” violent felony of Criminal Possession of a Weapon in the Second Degree and of Avi Wolf who had a magazine with no firearm and no bullets but was arrested for the class “D” violent felony of Criminal Possession of a Weapon in the Third Degree (yes, I know, he didn’t possess a weapon) because the magazine, even though it was empty, was capable of holding more than 10 rounds of ammunition. Both, after hiring Tilem & Associates, pled guilty to a…
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Genesis Healthcare agrees to pay $53.6 million to resolve whistleblowers’ suits
On June 16, the Department of Justice announced that Pennsylvania-based Genesis Healthcare had agreed to pay $53.6 million to settle civil allegations, originally brought in several whistleblowers’ lawsuits, that the company had defrauded the United States for rehabilitation and hospice services. According to DOJ’s press release: The Justice Department announced today that Genesis Healthcare Inc. (Genesis) will pay the federal government $53,639,288.04, including interest, to settle six federal lawsuits and investigations alleging that companies and facilities acquired by Genesis violated the False Claims Act by causing the submission of false claims to government health care programs for medically unnecessary therapy and hospice services, and grossly substandard nursing care. Genesis, headquartered in Kennett Square, Pennsylvania, owns and operates through its subsidiaries skilled nursing facilities, assisted/senior living facilities, and a rehabilitation therapy…
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Police Use of Radar Guns to Detect Texting and Driving
Radar guns have been used by police since 1949 to catch speeding drivers and are now being developed to also detect those texting and driving. Distracted driving According to the National Highway Traffic Safety Administration, distracted driving is dangerous, claiming 3,477 lives in 2015 alone [and] 391,000 were injured in motor vehicle crashes involving distracted […]
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Jupiter Doctor Accused of Practicing Medicine Without License
A Jupiter man’s license to practice medicine was suspended in 2015 after he was allegedly found dispensing powerful pain medications to drug addicts, patients with mental-health issues and, in one case, a “morbidly obese” woman complaining she couldn’t bend over. According to law-enforcement officials, the man offered to diagnose and treat an undercover Florida Department of Health investigator during an appointment on Aug. 21, 2015. The 62-year-old was booked into the Palm Beach County Jail on Friday and is facing a charge of practicing medicine without a license. He was released after posting a $3,000 bond. At the time of the appointment, the man’s license had been suspended for six months after investigators allegedly found he had prescribed drugs such as oxycodone, Xanax and Dilaudid sometimes without performing adequate examinations and, in a few cases, failing to refer patients to addiction specialists, according to Florida Department of…
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Cardiac monitoring companies pay nearly $13.5 million to settle False Claims Act allegations
On June 26, the Department of Justice announced that several companies that provide monitoring services for patients’ cardiac function will pay $13.45 million to resolve claims, originally brought by a whistleblower, that the companies defrauded the United States by billing Medicare for more expensive services than those ordered by physicians (so-called “upcoding”). According to DOJ’s press release: AMI Monitoring Inc. aka Spectocor, its owner, Joseph Bogdan, Medi-Lynx Cardiac Monitoring LLC, and Medicalgorithmics SA, the current majority owner of Medi-Lynx Cardiac Monitoring LLC, have agreed to resolve allegations that they violated the False Claims Act by billing Medicare for higher and more expensive levels of cardiac monitoring services than requested by the ordering physicians, the Department of Justice announced today. Spectocor and Bogdan have agreed to pay $10.56 million, and Medi-Lynx and Medicalgorithmics have agreed to pay $2.89 million.…
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Thinking of Posting on Social Media? Think Again
Thinking of Posting on Social Media? Think Again. In the dawn of websites and social media applications such as Facebook, Instagram, YouTube, Vine, and Snapchat, it is clear social media platforms have changed the way we, as a society, communicate with one another on a daily basis. Before posting that hilarious meme or sarcastic Facebook rant, you might want to read on to learn what NOT to post on social media. “How-To” Videos Showing Criminal Activity. In 2015, an 18 year old man from New Jersey posted a video to YouTube, which he titled, “Cameras Allowed: How To Actually Sneak into a Music Festival.” In the video, the New Jersey resident detailed how others could crash a music festival without paying for admission, just as he did. The man recorded himself appearing to enter Delaware’s Firefly Music Festival, an electronic music festival that takes place annually in Delaware and charges nearly $200 for admission to the event.…
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In settlement of Anti-Kickback Statute and Stark Law allegations, California hospital pays $42 million
On June 28, the Department of Justice announced that a California hospital had agreed to pay $42 million to settle allegations, originally brought by a whistleblower, that it had entered into financial relationships with referring physicians that violated the Stark Law and Medicare’s Anti-Kickback Statute. According to the government’s press release: AMC Ltd., and Pacific Alliance Medical Center Inc., which together own and operate Pacific Alliance Medical Center, an acute care hospital located in Los Angeles, California, have agreed to pay $42 million to settle allegations that they violated the False Claims Act by engaging in improper financial relationships with referring physicians, the Justice Department announced today. Of the total settlement amount, $31.9 million will be paid to the Federal Government, and $10 million will be paid to the State of California. The settlement announced today resolves allegations brought in a whistleblower lawsuit that the…
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Latest Filing in Federal Court on New Exculpatory Evidence
This is the latest filing in Federal court asking to have the new evidence heard in state court where police and prosecutors lied about audio evidence. Hopefully, courts won’t reward law enforcement for lying under oath and withholding evidence. 87 – Aug 23 2017 Reply to Response concerning Amended Motion to Reconsider
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How Bail and Bail Bonds Work
Chances are you will have to get a bail bond to get out of jail if you or your loved one has been arrested for any type of serious crime. While you might imagine standing before a judge who is banging their gavel and announcing “Bail is set at 1 million,” bail bonds don’t quite work this way. You may have also seen television commercials about bail bonds, but unless you’ve directly dealt with the issue of posting bail, you may find that you need a brush up on your knowledge about bail bonds. The Meaning of “Bail” Bail constitutes an agreement between you, the defendant, and the court. As the defendant, you agree to post a specific amount of money in exchange for the assurance that you’ll return to court for your scheduled court date. Upon appearing in court as scheduled, and as stated in the bail bond agreement, you get your money back. As an example, if the court sets bail at $15,000, this means you can pay $15,000 to the court in…
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Dripps on Due Process
Donald A. Dripps (University of San Diego School of Law) has posted Due Process: A Unified Understanding (in The Cambridge Companion to the Constitution (CUP Forthcoming)) on SSRN. Here is the abstract: This chapter, contributed to the forthcoming Cambridge Companion...
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Reduction in Drug Crime Penalties in Oregon May be “Bellwether” Legislation for National Reform
In 2015, Oregon legalized recreational marijuana. To date, seven states and the District of Colombia have adopted full legalization, and 26 states have legalized marijuana in some form. But what about more serious drugs like crystal meth and cocaine? There are no plans to legalize narcotics in the near future, but reduced penalties are on the horizon. Drugs, Amounts, and Penalties A new law in Oregon will reduce first-time possession of certain drugs from a felony to a misdemeanor. As with most criminal offenses, penalties will be largely dependent on prior history and the particulars of the case. For example, individuals with prior felony convictions and those who are found in possession of commercial quantities of a drug are not likely to receive the benefits of this new legislation. Specific drugs and amounts covered by this statute are as follows: Continue reading
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Mariaelena v. Sessions, No. 14-72003 (Graber with Silverman; dissent from Tashima) --- The Ninth Circuit denied a petition for review of an order of the Board of Immigration Appeals, holding that the petitioner had been convicted of a "controlled substances offense" under Cal. Penal Code § 182(a)(1), and thus was ineligible for cancellation of removal.The petitioner was convicted of, among other crimes, conspiracy to commit a crime, in violation of Cal. Penal Code § 182(a)(1), specifically conspiracy to sell and transport drugs, in violation of Cal. Health & Safety Code § 11352. Applying the framework from the recent en banc decision in United States v. Martinez-Lopez, No. 14-50014, the court held that § 182(a)(1) was overbroad because it penalized conspiracy to commit any crime, not just a drug trafficking offense. The court also held that § 182(a)(1) was divisible because the California Supreme Court had held that a jury had…
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United States v. Brito, No. 15-30229 (Fletcher with Fisher; dissent by McKeown) --- The panel reversed the denial of a motion for sentence reduction under 18 U.S.C. § 3582(c)(2) based on a retroactive application of Amendment 782 (the "drugs minus two" amendment), holding that the district court was allowed to account for an adjustment to the original sentence given to account for time spent in state custody that would not be credited toward the federal sentence as presentence incarceration credit.The defendant pleaded guilty to a drug trafficking crime in federal court. That criminal conduct also led to a revocation of supervision by a state court, for which the defendant spent four months in custody before being sentenced in federal court. As a result, BOP wouldn't credit the defendant with those four months, so the federal judge subtracted four months from the sentence he would otherwise have imposed in order to make the total term of…
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