Remove 2022 Remove Legal Remove Mens Rea
article thumbnail

Hong Kong court convicts two former Stand News journalists of sedition

JURIST

” Furthermore, Kwok also ruled that the prosecution could establish the defendant’s mens rea by proving that the defendant, aware of the seditious intent within a publication, disregarded the consequence of publishing it. The trial began in October 2022, with an initial ruling expected in October 2023.

Mens Rea 104
article thumbnail

Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. The Court instead interpreted the term, as used in the AKS, to mean an intentional violation of a known legal duty, but concluded that “the mens rea element goes no further.” 14, 2022 to decide whether to grant certiorari.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law Blog

July 25, 2022. The Court instead concluded that the term, as used in the AKS, is “more accurately understood as a voluntary, intentional violation of a known legal duty…the mens rea element goes no further” (internal quotations omitted). Department of Health and Human Services et al.

Statute 98
article thumbnail

Detailed Analysis of POCSO Act, 2012

LexForti

This Legislation operates on the basic premise of “guilty until proven innocent” , instead of the ubiquitous principle of “innocent until proven guilty,” and therefore to prevent the misuse of legal system, we have safeguards in place made for prevention of filing of fictitious allegations or misleading evidence with the purpose to cause harm.

Statute 52
article thumbnail

A Criminologist Assesses the ‘Racketeer-in-Chief’

The Crime Report

In a forthcoming (May 2022) book, Criminology on Trump, I have marshalled the mens rea type of evidence that I hope prosecutors and the Department of Justice will consider in charging Trump and his associates with a variety of white-collar crimes.

Mens Rea 140
article thumbnail

“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

There is also no compelling legal basis for the claim. Gillespie, 2022 Cal. LEXIS 3055 *, 2022 WL 1564200. Even then, it can be difficult since attempted murder requires proof that the defendant “must have taken a substantial step towards that crime, and must also have had the requisite mens rea.”