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Controlled Substances Act › Mens Rea › Supreme Court of the United States

Holland & Knight LLP

Supreme Court's Decision in Diaz Could Be a Boon for Criminal Healthcare Fraud Defendants

Holland & Knight LLP on

A defendant's mens rea, or intent, is almost always a contested element in a criminal prosecution, particularly in criminal healthcare fraud cases that frequently arise out of complex legal and regulatory regimes....more

Holland & Knight LLP

Supreme Court Ruling Finds "Strong" Mens Rea Requirement for Prosecution Under the CSA

Holland & Knight LLP on

In Ruan v. United States, the U.S. Supreme Court on June 27, 2022, dealt a blow to the U.S. Department of Justice by vacating convictions of two physicians convicted of violating 21 U.S.C. §841(a) of the Controlled Substances...more

Quarles & Brady LLP

High Court Rules “State of Mind” Relevant in Prosecuting Prescribers under the Controlled Substance Act

Quarles & Brady LLP on

Last week the Supreme Court ("the Court") released a decision holding that the Federal Controlled Substance Act (the "Act") provision that criminalizes the dispensing of a controlled substance “except as authorized” includes...more

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