Remove Felony Remove Legal Remove Mens Rea
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US Supreme Court rules reckless offenses do not qualify as ‘violent felony’

JURIST

The US Supreme Court on Thursday overturned a ruling by the US Court of Appeals for the Sixth Circuit that “reckless” crimes qualify as violent felonies for purposes of the Armed Career Criminal Act (ACCA). She also concluded that the ordinary meaning of “violent felony” requires knowing or intent behind the act.

Felony 161
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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.” Pfizer’s Petition to SCOTUS.

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No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

Second, because of this strict liability exposure, an individual can be charged with an FDC Act misdemeanor as a lesser included offense any time DOJ charges an FDC Act felony. Therefore, as a matter of proof, DOJ can obtain a misdemeanor conviction even when a jury acquits on a felony. A Park case should be no different.

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

FDA Law Blog

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). Whether the Beneficiary Inducement Statute (BIS) is relevant to interpreting the AKS (essentially, no).

Statute 98
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Egypt sentences elderly man to life imprisonment for child sexual abuse

JURIST

In todays initial hearing, the court approved a request by the childs legal team to amend the charges, reclassifying the crime from sexual assault without force to sexual assault committed under threat and coercion. Media access to the proceedings was strictly prohibited.

Mens Rea 104
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Divided Supreme Court overturns mother’s conviction for her infant’s murder by the father

At the Lectern

’ Justice Leondra Kruger says that she concurs in the majority opinion, except for a section with dictum “clarify[ing] several legal principles regarding the requisite actus reus for second degree murder based on ones failure to act.”

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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