The Supreme Court held last week that in a federal health care fraud prosecution, the Sixth Amendment prevents the government from obtaining a pretrial freeze of assets that were untainted by the alleged crime and that defendant sought to use to pay her lawyer.
In Luis v. United States, the government alleged that the defendant had been engaged in
Continue Reading Sixth Amendment Prevents Pretrial Restraint on Health Care Defendant’s Use of Untainted Funds To Pay Counsel
Federal criminal defense practitioners will be interested in United States v. Barry Cohan, an EDNY decision addressing the priority of overlapping forfeiture and restitution remedies in a health care plea agreement.
In Cohan, the defendant pled guilty to health care fraud and identity theft, and was subject to a $600,000 forfeiture and $607,186 in restitution. While forfeiture and
Continue Reading Forfeiture and Restitution Intersect in Health Care Fraud Plea