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Utah Couple Arrested for Felony Tax Evasion

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A West Haven Utah couple was arrested for felony tax evasion after they failed to pay any state income tax since before 2013. Failure to claim a six figure income 36 year old Daniel Chester Erickson and his wife of the same age Bobbi Jo Erickson were arrested for felony tax evasion after it was […]

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US v. Shaw, No. 13-50136 (3-29-18)(Schroeder w/Nguyen & Hurwitz). On remand from the Supremes, the 9th affirmed a bank fraud conviction.  The appellant failed to challenge the jury instruction's disjunctive form. Here, the defendant created a scheme that drew funds in the account of a bank depositor and account holder.   The siphoning occurred using PayPal. The bank suffered no losses; PayPal and the depositor did.  The Supremes and the 9th agree that a scheme to take money from a depositor's account violates the statute, and the bank need not have suffered a loss.  The remand came however over the jury instruction.  The instruction read "deceive, cheat OR deprive." The statute, under 18 USC 1344(1), reads "AND." Does this get the defendant off the hook?  No, because the defendant failed to challenge the "disjunctive" language of the instruction (he challenged the theft from the bank). Statutory…

Update: I86 Closed Near American Falls

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 4/2/2018 5:48 p.m. Please direct questions to the District Office **Update** The Idaho Transportation Department has officially closed I86 in both directions from mile marker 40, American Falls, to 44, Ramsey Road. For most up-to-date information dial 511 or the utilize the 511 website at 511.idaho.gov 3451/2850 ************** Idaho State Police are investigating multiple crashes on I86 from mileposts 42 to 44, just east of American Falls. Visibility is greatly reduced due to a dust storm. Currently, both westbound and eastbound lanes are blocked. Drivers are encouraged to avoid the area and can expect delays. Updates will be provided when available. 3761/2406 -------------

Alere pays $33.2 million for false claims caused by defective diagnostic equipments

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On March 22, the Department of Justice announced that Massachusetts-based diagnostic equipment company Alere, Inc., had agreed to pay $33.2 million to settle allegations, originally brought by a whistleblower, that the company’s faulty diagnostic equipment led health care providers to submit false claims to federal healthcare programs. According to DOJ’s press release: Massachusetts-based medical device manufacturer Alere Inc. and its subsidiary Alere San Diego (Alere) have agreed to pay the United States $33.2 million to resolve allegations that Alere caused hospitals to submit false claims to Medicare, Medicaid, and other federal healthcare programs by knowingly selling materially unreliable point-of-care diagnostic testing devices, the Justice Department announced today. *   *   * The United States alleged that between January 2006 and March 2012, Alere knowingly sold materially unreliable rapid point-of-care testing devices marketed under the…

Three Vehicle Crash in Emmett Blocking State Highway 16

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 04/02/2018 6:12 P.M. Please direct questions to the District Office Idaho State Police is currently investigating a multiple vehicle crash at the intersection of State Highway 16 and Substation Road, in Emmett. The highway is blocked at this time. More details will be released when available. 3984 / 3318 -------------

Virginia Beach ambulance company settles false claims allegations for $9 million

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On March 28, the Department of Justice announced that an ambulance company based in Virginia Beach, Virginia, had agreed to settle false claims allegations arising from a government investigation for $9 million, and to enter into a 5-year corporate integrity agreement. According to DOJ’s press release: Medical Transport LLC, a Virginia Beach-based provider of ambulance services, agreed to pay $9 million to resolve allegations that it violated the False Claims Act by submitting false claims for ambulance transports, the Justice Department announced today. *   *   * The government alleged that Medical Transport submitted false or fraudulent claims to Medicare, Medicaid, and TRICARE for ambulance transports that were not medically necessary, that did not qualify as Specialty Care Transports, and that were billed improperly to the federal health care programs when they should have been billed to other payers. *   *   * The…

Update - Three Vehicle Crash in Emmett Blocking State Highway 16

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 04/02/2018 6:18 P.M. Please direct questions to the District Office ***Update*** All lanes of travel are back open at this time. 3984 / 3318 **End of Update** Idaho State Police is currently investigating a multiple vehicle crash at the intersection of State Highway 16 and Substation Road, in Emmett. The highway is blocked at this time. More details will be released when available. 3984 / 3318 -------------

Radiation company, parent, agree to pay up to $11.5 million to settle Antikickback Statute allegations

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On March 29, the Department of Justice announced that Texas-based Sightline Health LLC and its parent will pay up to $11.5 million to resolve a whistleblower’s allegations that the company violated Medicare’s Antikickback Statute. According to DOJ’s press release: Texas-based SightLine Health LLC (SightLine), which operates radiation therapy centers throughout the United States, has agreed to settle a False Claims Act lawsuit alleging that it knowingly submitted claims to the Medicare program that violated the Anti‑Kickback Statute, the Justice Department announced today.  Together with Integrated Oncology Network Holdings LLC (ION), which acquired SightLine in 2011, SightLine has agreed to pay the government up to $11.5 million. The Anti-Kickback Statute is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and instead is based on the best interests of the patient.  It prohibits…

Accomplice to fugitive attorney fraudster pleads guilty in Kentucky

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On March 30, the Department of Justice announced that Curtis Wyatt had pleaded guilty to conspiring with a disbarred attorney to flee from the United States shortly before he was to be sentenced. The attorney, Eric C. Conn, was a defendant in a whistleblower lawsuit filed by the Vernia Law Firm, Wohlander Law, and Wallingford Law on behalf of two former Social Security Administration employees who alleged that Conn conspired with an SSA Administrative Law Judge, David B. Daugherty, to defraud the government by approving disability appeals on fraudulent grounds. According to DOJ’s press release: An Eastern Kentucky man pleaded guilty today for his role in assisting a former Social Security disability lawyer escape from federal custody. Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Special Agent in Charge Amy S. Hess of the FBI’s Louisville, Kentucky Field Division and Special Agent in Charge Michael McGill of…

SCOTUS: Qualified immunity for shooting a woman holding a knife in an apparent threatening manner

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In Kisela v. Hughes, 17-467 (U.S. April 2, 2018), decided on the cert petition and response, the Supreme Court held that an officer who shot a woman holding a knife in an apparent threatening manner [although that seems to be … Continue reading →

Police Discover Man Hidden in Closet with Cocaine and Fentanyl

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A man and the woman that he lives with had been engaged in an argument in their Waterville, Maine, apartment on Thursday evening. Near 9:00 p.m., someone notified the authorities about the commotion and police dispatched to the scene. Upon arrival, Waterville officers spoke with the pair and they confirmed that they had been quarreling, but their demeanor caused the police to believe that something else did not appear quite right. When they asked if they could inspect the premises, the residents gave the officers consent and allowed them access to the apartment. When police were in the process of exploring the interior of the apartment they came upon a closet door and when they opened it they allegedly found a man hiding inside. Officers began to interrogate the man and identified him as 26-year-old Jared Colby who reported that he was not a tenant of the apartment, but a visitor. Colby also informed officers that he was facing criminal charges for an incident that occurred in…

Final Update: I86 Re-opened Near American Falls

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5255 S. 5th Avenue, Suite 2 Pocatello, Idaho 83204 (208) 239-9800 FAX: (208) 239-9885 For Immediate Release: 4/2/2018 9:28 p.m. Please direct questions to the District Office ****Final Update**** The Idaho Transportation Department has officially re-opened all lanes of travel on I86 from mile marker 40, American Falls, to 44, Ramsey Road. 4068 *********** ********** ********* ********** **Update** The Idaho Transportation Department has officially closed I86 in both directions from mile marker 40, American Falls, to 44, Ramsey Road. For most up-to-date information dial 511 or the utilize the 511 website at 511.idaho.gov 3451/2850 ************** Idaho State Police are investigating multiple crashes on I86 from mileposts 42 to 44, just east of American Falls. Visibility is greatly…

Crash Blocking Westbound Lane on SH33 near Terreton

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 04/02/2018 9:35 pm Please direct questions to the District Office The Idaho State Police is investigating a crash westbound on SH33 at milepost 50 near Terreton. The westbound lane is completely blocked. 4031 -------------

A window into carceral concerns in incarceration nation: "build another prison" to deal with "loss of coal work"

*Update Crash Blocking Westbound Lane on SH33 near Terreton

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 04/02/2018 10:56 pm Please direct questions to the District Office Update: The westbound lane is back open. 4031 ------------- The Idaho State Police is investigating a crash westbound on SH33 at milepost 50 near Terreton. The westbound lane is completely blocked. 4031 -------------

Two new papers provide further evidence of marijuana reform aiding with opioid crisis

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As reported via this CNN article, headlined "Marijuana legalization could help offset opioid epidemic, studies find," this weeks bring the publication of notable new research suggesting a link between marijuana access and reduced use of opioids. Here are the basics: Experts have proposed using medical marijuana to help Americans struggling...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/wOGEX7W9cFY" height="1" width="1" alt=""/>

QUOTAS

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The Justice Department of Jefferson Beauregard Sessions has a plan to speed up deportations: Quotas!The Justice Department will not issue evaluations of immigration judges based on how many cases they close a year the Washington Post reported here:“That is a huge, huge, huge encroachment on judicial independence,” said Dana Leigh Marks, spokeswoman and former president of the association and a judge for more than 30 years. “It’s trying to turn immigration judges into assembly-line workers.”Gee, ya think? One of the smartest Judges ever to wear a robe in the REGJB- the late Judge Philip Knight, closed three cases before 8 Am. We're not kidding. Judge Knight would have his clerks bring the calendar and files the night before. He would get to chambers early in the morning and read every file and motion and by the time court started he was ready to hear arguments, issue rulings and try cases. He had the lowest case load of any judge in the…

Volokh Conspiracy: Why the Supreme Court Reviews So Many Qualified Immunity Cases

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Volokh Conspiracy: Why the Supreme Court Reviews So Many Qualified Immunity Cases by Orin Kerr: Here’s a theory, at least. My friend and co-blogger Will Baude asks an interesting question: What explains the Supreme Court’s continued interest in reviewing seemingly … Continue reading →

W.D.Mich.: No REP in overheard unethical ex parte communication with a judge

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An ex parte communication between lawyers and a judge overheard on an open phone line of a part of a call that hadn’t been completely disconnected has no reasonable expectation of privacy. Ideally, there woud be a reasonable expectation of … Continue reading →

Cal.: Cal.’s initiated DNA act constitutionally requires DNA sampling from those charged with serious felonies

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California’s initiated DNA collection act requiring DNA sampling of those charged with serious felonies applies to defendant’s arson arrest. He refused to provide a sample on booking and was convicted of a misdemeanor offense. The California statute is not exactly … Continue reading →
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