For too long, judges have been permitted at sentencing to consider anything they deem “relevant,” including allegations that were considered and rejected by a jury. So-called “acquitted conduct sentencing” clearly offends...more
In federal court, “not guilty” doesn’t always mean no punishment. Under a quirk of federal sentencing law, judges are permitted to consider at sentencing anything that they consider relevant, including conduct for which a...more
2/29/2024
/ Acquittals ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Federal Sentencing Guidelines ,
Jury Verdicts ,
Legislative Agendas ,
Preponderance of the Evidence ,
Proposed Amendments ,
Proposed Legislation ,
Senate Judiciary Committee ,
Sentencing
On April 18, 2023, the Supreme Court heard oral arguments in United States ex rel. Schutte v. Supervalu Inc., 9 F.4th 455, 459 (7th Cir. 2021) and United States ex rel. Proctor v. Safeway, Inc., 30 F.4th 649 (7th Cir. 2022)...more
5/17/2023
/ False Claims Act (FCA) ,
Fraud ,
Healthcare ,
Oral Argument ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
Reasonable Interpretations ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
The story of one of the most significant False Claims Act (“FCA”) cases this year began nearly two decades ago. Between 2006 and 2012, SuperValu, Inc.—which operated thousands of pharmacies nationwide—offered a “price match...more
5/11/2023
/ Fair Credit Reporting Act (FCRA) ,
False Claims Act (FCA) ,
Fraud ,
Healthcare ,
Petition for Writ of Certiorari ,
Pharmacies ,
Prescription Drugs ,
Qui Tam ,
Relators ,
Safeco Insurance Co of America v Burr ,
SCOTUS ,
US ex rel Tracy Schutte et al v SuperValu Inc et al