In response to the opioid crisis, the Department of Justice (“DOJ”) has long prioritized prosecution of doctors prescribing opioids in violation of the Controlled Substances Act (“CSA”), 21 U.S.C. § 841. Passed in 1971, the CSA is an expansive criminal statute originally designed to prosecute people involved with trafficking so-called…
When the government investigates or prosecutes alleged corporate crime, a key question commonly emerges: Will the accused client waive attorney-client privilege and disclose relevant communications to the government? This issue often arises because lawyers are routinely involved in corporate actions and decisions later subject to government scrutiny. “The extensiveness and…
You know the Supreme Court of the United States feels strongly about an issue when, in the Court’s parlance, it adds “extra icing on a cake already frosted.” That is, in effect, what the Court did in Van Buren v. United States (No.19-783), an opinion issued last Thursday in which…
[Law360 published the below article by Finch McCranie partner, David Bouchard, on January 25, 2021. The article concerns PPP fraud and enforcement. Our white collar criminal defense team is deeply experienced in helping individuals and businesses navigate government investigations, enforcement actions, and prosecutions. If you are contacted by a law…
Nobody accused of a federal crime should be penalized for exercising their Sixth Amendment right to trial. And yet, because of the trial penalty, that happens all too often.[1] The trial penalty refers to “the substantial difference between the sentence offered in a plea offer prior to trial versus the…
Videoconferencing has skyrocketed in popularity because of the pandemic. Just check Zoom’s stock. Seemingly overnight, what used to be an irregular method of business communication has become commonplace. Courts have embraced the craze, frequently holding hearings and other meetings by video. But there are limits to what a court can…
In the early days of the Coronavirus pandemic, Congress passed relief legislation authorizing unprecedented federal aid to states, businesses, and individuals. In short order, a torrent of federal spending flowed. While those days may seem long gone as initial relief dollars have dried up and Congress is now debating additional…