The 4th Circuit affirms defendant’s conviction of healthcare fraud resulting in death in violation of 18 U.S.C. § 1347, based on defendant’s direction of unqualified radiologic technicians – whose work was billed at the Medicare rate for licensed physicians’ work ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

The 4th Circuit upholds defendant’s conviction for carjacking based on his participation, with two companions, in taking car keys at gunpoint from a woman who was in active labor, and driving away, after attempting to force her to unlock her ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

A taxpayer who contested his tax liability in a preassessment hearing before the IRS’s Office of Appeals is barred from raising the same issue before the same administrative unit in a Collection Due Process hearing under IRC Section 6330; the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Taxation

A chapter 7 debtor who had two degrees in finance and a professional career as a financial advisor should have known that his lowball valuation of a minority interest in a real estate investment company at just 4 percent of ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge J. Harvie Wilkinson III

A police chief has qualified immunity from this civil rights suit filed by two police officers who claim their First Amendment rights were violated when they allegedly were fired in retaliation for visiting a recent arrestee on their lunch hour ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge J. Harvie Wilkinson III

A plaintiff who challenges a medical-records vendor’s $23 sales tax imposed on records he ordered may not bring a class-action consumer complaint in federal court based on his claim that the state exempted medical-records sales from its general sales tax; ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge J. Harvie Wilkinson III

A “sexual predator” who fled criminal charges in the U.S. and lived in the Philippines for 18 months, then fled to Cambodia to escape similar charges and was deported to the U.S. on yet more charges of sexual offenses against ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Reversing a district court, the 4th Cir­cuit says a city violated a police officer’s First Amendment rights when it disci­plined him under a social media policy prohibiting “Negative Comments” for Facebook comments about the dangers of premature promotion of inexperi­enced ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III

A district court did not err in find­ing defendant ineligible for a sentence reduction for trafficking cocaine base because the record supported a finding that at least 25.2 kilograms of the drug were attributable to him in his role as ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

A district court did not err in dismiss­ing a Federal Tort Claims Act suit alleg­ing the Food and Drug Administration negligently issued a salmonella contam­ination warning that devalued plain­tiff ’s South Carolina tomato crop by over $15 million; the 4th ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Tort