The Presumption of Innocence Podcast: Episode 46 - America’s Incarceration Industry: Exposing Private Prisons
The Presumption of Innocence Podcast: Episode 42 - AI in Criminal Justice: Opportunity or Opportunity for Misuse?
The Justice Insiders Podcast - Demystifying Sentences for White Collar Crimes: What's Next for SBF
The Presumption of Innocence Podcast: Episode 31 - An Introspective Look at Bridgegate: Bill Baroni’s Journey
Life After Love Gone Wrong Podcast: Season 3, Episode 5 - Parallel Proceedings: The Intersection of Criminal Law and Family Law
How One Hospice Owner Got Convicted of Healthcare Fraud and How You Can Avoid That Fate
AGG Talks: Antitrust and White-Collar Crime Roundup - Developments in the Trump Indictments and Recent Supreme Court Issues
Law Brief®: Rich Schoenstein and Marie Pereira Discuss High-Profile Verdicts
Elizabeth Holmes, Ghislaine Maxwell, and the Federal Sentencing Guidelines [More with McGlinchey, Ep. 34]
Criminal Appeals from the Federal Public Defender’s Perspective | Matthew Wright | Texas Appellate Law Podcast
Law Brief®: Michael Grudberg, Robert Heim and Richard Schoenstein Discuss the Theranos Verdict
Extraordinary Writs in Criminal Cases | Michael Falkenberg | Texas Appellate Law Podcast
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
Argentina: A Look at the Case of Lázaro Báez - Laundering the Proceeds of Corruption and Tax Fraud
Court of Appeals Reversals from a Criminal Perspective | Jim Huggler | Texas Appellate Law Podcast
From the Trial Bench to the Court of Criminal Appeals | Judge Bert Richardson | Texas Appellate Law Podcast
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
Stare Decisis and Advocacy in the Court of Criminal Appeals | Judge David Newell | Texas Appellate Law Podcast
Dewey Bozella on His Wrongful Conviction
High at Work? Key Considerations for NYS Employers Regarding Legal Adult-Use Marijuana
Florida Federal Judge Strikes Down FCA’s Qui Tam Provision as Unconstitutional - On September 30, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in a historic decision that the federal...more
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
We are thrilled to introduce the inaugural issue of our quarterly White Collar newsletter, a dedicated resource from Benesch’s White Collar, Government Investigations & Regulatory Compliance Practice Group. Each issue...more
Sam Bankman-Fried Sentenced to 25 Years in Prison | CoinDesk - FTX founder and former CEO Sam Bankman-Fried has been sentenced to 25 years in prison after being convicted on seven fraud and conspiracy charges. According to...more
In United States v. Lajeunesse, the Second Circuit (Leval, Chin, Lee) vacated the conviction of a criminal defendant denied an opportunity to personally address the court during his sentencing hearing....more
In United States v. Hunt, the Second Circuit (Walker, Parker, and Bianco) affirmed the conviction and sentence of Brendan Hunt, who in the wake of the 2020 presidential election threatened prominent elected officials on...more
Lab Owner Sentenced to Over 16 Years for Health Care Fraud, Money Laundering - On September 26, 2023, a US District Judge for the Western District of North Carolina sentenced a Charlotte lab owner, Donald Booker, to over...more
En el Comité de Diversidad e Inclusión de Holland & Knight hacemos constante seguimiento y estudio a los cambios normativos y jurisprudenciales relacionados con diversidad, equidad e inclusión (DE&I). Como parte de nuestro...more
Being on probation can be a significant nuisance for individuals who have been convicted of a crime in Colorado. While many individuals are motivated to fulfill their probation requirements and move on from their past...more
The Supreme Court of the United States issued two decisions today: United States ex rel. Polansky v. Executive Health Resources, Inc., No. 21-1052: This case concerned the scope of the government’s authority to dismiss a...more
On Thursday, May 11, 2023 the Supreme Court will consider several petitions, presenting questions about whether and how federal judges can consider criminal conduct of which the defendant was acquitted in imposing sentence on...more
In a recent opinion, the Second Circuit upheld a 57-month sentence that applied a two-level sentencing enhancement for obstruction of justice and rejected a request for a sentencing reduction for acceptance of responsibility...more
Many individuals that are required to be on probation don’t realize how it can significantly impact an individual's life by placing strict requirements and monitoring that can curtail their freedom and decision-making...more
In what may come as a surprise to many, lawmakers across the political spectrum actually agree on at least one thing: the practice of sentencing federal defendants based on acquitted conduct has gone on long enough. Last...more
Former Theranos Executive Ramesh “Sunny” Balwani Sentenced to Nearly 13 Years - On December 7, 2022, Ramesh “Sunny” Balwani, a former Theranos executive, was sentenced to nearly 13 years in prison, and three years of...more
Key Takeaways - ..The Third Circuit recently decided that the loss enhancement to the fraud guideline in the U.S. Sentencing Guidelines applies only to “actual loss” and not to “intended loss.” ..While the primary...more
Elizabeth Holmes Sentenced to 11 Years in Prison - On November 18, 2022, former Theranos CEO, Elizabeth Holmes, was sentenced to 11 years and three months in prison for defrauding investors regarding Theranos’ blood...more
There has been tremendous buzz surrounding the recent sentencing of Theranos Founder Elizabeth Holmes to 11.25 years in prison. Some have argued that, in light of the life sentence suggested by the Federal sentencing...more
On September 28, 2022, in United States v. Baskerville, the United States District Court for the Middle District of Pennsylvania held that Pennsylvania’s definition of cocaine is broader than the federal counterpart. ...more
4th Circuit Affirms Dismissal of FCA Medicaid Suit Against Allergan - On January 25, 2022, a majority of the Fourth Circuit panel affirmed the dismissal of a relator's False Claims Act complaint against Allergan Sales LLC,...more
On August 11, 2021, Sheng-Wen Cheng was sentenced to 72 months in prison for his alleged participation in multiple schemes related to Covid-19 pandemic loan fraud and securities fraud. Taiwanese National, Self-Proclaimed...more
In United States v. Eldridge, the Second Circuit (Chin, Sullivan, Nardini) affirmed the convictions of a group of co-defendants who were indicted on a litany of charges, many of which related to the attempted robbery of a...more
On March 1, 2021 the Second Circuit (Carney, Koetl) issued a decision in Collier v. United States, affirming the district court’s denial of Keith Collier’s habeas petition to vacate his conviction and sentence for an...more
Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more
The United States Environmental Protection Agency (“EPA”) Office of Criminal Enforcement, Forensics and Training publishes an environmental Case Crimes Bulletin (“Bulletin”) that summarizes publicized investigative activity...more