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Kirschenbaum — In a recent decision, the Second Circuit upheld the HHS Office of the Inspector General (OIG)’s position that Pfizer’s proposed copay assistance program for its high-cost heart treatment would violate the Federal Anti-Kickback Statute (AKS). The Second Circuit’s Interpretation of the Anti-Kickback Statute. Pfizer, Inc.
2022), the Sixth Circuit read Borden as requiring a purposeful or knowing mensrea for offenses deemed violent felony predicate offenses. The government relied on Patterson in arguing that the defendant’s prior aggravated burglary convictions counted as violent felony predicates under ACCA. Butts , 40 F.4th 4th 766 (6th Cir.
In arguing a subjective standard is required, the charged doctors and other advocates emphasized longstanding rules about the presumption of mensrea (a guilty state of mind) for criminal offenses. A mensrea requirement, the opinion holds, is essential to separate physicians’ “socially beneficial conduct” from criminal conduct.
At sentencing, the government sought an enhancement under the ACCA; it claimed that three of Borden’s prior felony convictions were violent felonies. He asserted that one of the felonies the government cited included recklessness, and, therefore, was not a violent felony. The district court ruled for the government and the U.S.
The government argues the intent standard is an objective one — an “honest effort” to comply with professional norms. The government’s burden of proof also was the subject of much back and forth, even though it was not a major component of the briefing. Lawrence Robbins argues on behalf of petitioner Xiulu Ruan.
Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. The Second Circuit’s Interpretation of the AKS and its MensRea Element.
The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. The Court noted that the statute immediately “spells trouble for Fossil and the circuit precedent on which it relies.” 7 While the statute makes willfulness a prerequisite to a pro?ts 2019), [link].
When, if ever, does a person “corruptly” solicit or offer a gift with intent to influence government action? That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before the US Supreme Court earlier today. The party briefs mostly focused on the word “rewarded” in the statute.
Before establishment of this statute, there was the absence of any special law which could be entirely designated for the offenses perpetrated against minors. Because of this, the necessity of maintaining the gender neutrality of the statute arose since several young males are also subjected to crimes of sexual nature.
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