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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

The US Supreme Court on Thursday overturned a ruling by the US Court of Appeals for the Sixth Circuit that “reckless” crimes qualify as violent felonies for purposes of the Armed Career Criminal Act (ACCA). She also concluded that the ordinary meaning of “violent felony” requires knowing or intent behind the act.

Felony 161
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No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. Borden objected. Ashcroft and Voisine v.

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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

In June 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of New York (SDNY). The Second Circuit’s Interpretation of the AKS and its Mens Rea Element.

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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

On June 27, 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. Pfizer challenged the Agency’s interpretation as contrary to law under the Administrative Procedure Act (APA) in the Southern District of New York. Pfizer appealed to the Second Circuit.

Statute 98
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No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

While the authors did a yeoman’s job of combing through the criminal cases to identify what they view as a “handful” of cases and call for increased use of the Park doctrine, we at the FDA Law Blog respectfully disagree. The editorial conflates a number of distinct but related principles of law and federal prosecution.

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A Criminologist Assesses the ‘Racketeer-in-Chief’

The Crime Report

The notorious abilities of Capone and these other crime kingpins to corrupt people and neutralize the forces of law pale in comparison to the former president. in the 1940s, the Trump Organization engaged in a variety of non-traditional illegal schemes around the inheritance laws of taxation that in my judgment constitute racketeering.

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“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. You don’t have to go to law school to know that there’s something seriously criminal about that.