SCOTUSBlog
FEBRUARY 28, 2022
The government, in turn, focuses on the structure of the CSA — the words denoting mens rea, “knowingly or intentionally,” come after the exception clause at issue and so, the government argues, do not apply to it. And while criminal prosecutions relating to the crisis have garnered fewer headlines, they are still significant.
FDA Law Blog
NOVEMBER 6, 2022
Pfizer challenged the OIG’s interpretation as contrary to law in a lawsuit brought in the Southern District of New York (SDNY). The Second Circuit’s Interpretation of the AKS and its Mens Rea Element. Pfizer appealed to the Second Circuit, which again ruled against Pfizer.
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FDA Law Blog
AUGUST 4, 2022
Pfizer challenged the Agency’s interpretation as contrary to law under the Administrative Procedure Act (APA) in the Southern District of New York. Similarly, the Court drew on the plain meaning of “willfully” to reject Pfizer’s argument that the term suggests “an element of corruption.”
JURIST
APRIL 29, 2021
The Brennan Center for Justice at New York University School of Law published a 26-page report and six-page annotated proposal Wednesday addressing why > 18 USC § 242 makes it difficult to prosecute police, federal agents, and probation and correctional officers who engage in civil rights violations.
The Crime Report
JANUARY 6, 2022
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.
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