Newsletters

Types of Healthcare Fraud and Criminal Ramifications

Healthcare fraud is a prevalent crime. Federal healthcare fraud involves fraudulent conduct with respect to any federal healthcare program or plan that provides health benefits to an individual. The plan or program is funded by the United States either directly or by way of a state healthcare fund.

Disclosure of Defendant and Attorney Overhearings with Respect to Electronic Communications

An overhearing is when an individual believes that another has illegally overheard their communication. When a defendant believes that he has been illegally overheard, he may file a motion alleging that an unlawful act of electronic surveillance has been conducted. The defendant may request the disclosure of the electronic communication. The federal government may request that the trial court require the defendant to provide specific information regarding the disclosure of the electronic surveillance. The defendant may be required to provide the following information:

Brady Materials and Impeachment Evidence

Certain types of impeachment evidence are required to be disclosed by the Government to the defendant upon the defendant's request. The disclosure of evidence by the Government upon the defendant's request is commonly referred to as disclosure of Brady materials. Brady materials must be known to the Government and must be material to the defendant's case to require disclosure.

HUNG JURY

A jury is required to render a unanimous verdict in a criminal trial. If the jury cannot reach a unanimous verdict, the jury is considered to be a hung jury. A trial court must declare a mistrial in the event of a hung jury.

Criminal Liability For Violating the Clean Air Act

The Environmental Protection Agency (EPA) has established national air quality standards with respect to certain air pollutants. The Clean Air Act requires that states develop a plan that: implements the EPA standards, maintains the standards developed by the EPA and enforces the standards under the EPA.