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Tag Archives: 4th U.S. Circuit Court of Appeals

No Money Laundering Convictions Under ‘Merger Problem’ (access required)

In this fraud case involving a scheme to sell life settlement investments, which resulted in nearly $100 million in losses for investors, the 4th Circuit interprets “proceeds” of the scheme as “net profits” and overturns defendant’s money laundering convictions; the ...

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Doctor Convicted for Unnecessary Stent Procedures (access required)

Although proof of defendant doctor’s failure to meet medical standards for performing stent procedures, standing alone, could not sustain defendant’s conviction for health care fraud, additional direct evidence that defendant overstated blockage in numerous cases, misled patients and recorded nonexistent ...

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Illegal Re-Entry Sentence Enhanced for ‘Drug Trafficking’ (access required)

A defendant’s conviction under Oregon state law of unlawful delivery of heroin may be regarded as a “drug trafficking offense” qualifying for a 16-level enhancement under federal sentencing guidelines, and the 4th Circuit affirms defendant’s sentence of 50 months on ...

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Trademarking Counterfeiting Convictions Vacated (access required)

In their prosecution of two defendants for a scheme to import and resell counterfeit pieces of computer networking equipment, including some with a Cisco Systems trademark, the government’s theory of prosecution based on a “material alteration” theory of counterfeiting trademarks ...

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