FDA Law Blog

NOVEMBER 6, 2022

The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” Pfizer appealed to the Second Circuit, which again ruled against Pfizer.

Mens Rea 83

Mens Rea Statute Healthcare Manufacturing 83

FDA Law Blog

AUGUST 4, 2022

The Court instead concluded that the term, as used in the AKS, is “more accurately understood as a voluntary, intentional violation of a known legal duty…the mens rea element goes no further” (internal quotations omitted). OIG disagreed. Pfizer appealed to the Second Circuit.

Statute 98

Statute Mens Rea Manufacturing Court 98

The Crime Report

JANUARY 6, 2022

In a forthcoming (May 2022) book, Criminology on Trump, I have marshalled the mens rea type of evidence that I hope prosecutors and the Department of Justice will consider in charging Trump and his associates with a variety of white-collar crimes. Several weeks after losing the 2020 election, on Jan.6, Gregg Barak.

Mens Rea 140

Mens Rea Real Estate Felony Laws 140

JonathanTurley

JULY 21, 2022

Harvard law professor Laurence Tribe said the question was only what would be charged first, since Trump’s felonies were shown “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” It is the type of evidence used to show mens rea — “guilty mind.” Trump is in trouble.

Mens Rea 49

Mens Rea Lawyer Lawyers Felony 49