Remove Felony Remove Legal Remove Mens Rea Remove New York
article thumbnail

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

FDA Law Blog

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. Pfizer appealed to the Second Circuit, which again ruled against Pfizer. Pfizer’s Petition to SCOTUS.

article thumbnail

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

FDA Law Blog

Pfizer challenged the Agency’s interpretation as contrary to law under the Administrative Procedure Act (APA) in the Southern District of New York. Whether the Beneficiary Inducement Statute (BIS) is relevant to interpreting the AKS (essentially, no). Pfizer appealed to the Second Circuit.

Statute 98
article thumbnail

A Criminologist Assesses the ‘Racketeer-in-Chief’

The Crime Report

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.

Mens Rea 140