Over the past several years, doctors across the United States have been convicted under the Controlled Substances Act under what amounts, in many circuits, to a civil malpractice/negligence standard. Those days now appear to be gone. As published in the White Collar Crime Prof Blog Massive Victory for Physicians and the White Collar Bar in
“I am not going to answer your trick questions, Mr. Wisenberg.”
PRESIDENT BILL CLINTON
U.S. Supreme Court Rules on Doctors Illegal Distribution of Schedule II Narcotics under the Controlled Substances Act
Over the past several years, doctors across the United States have been convicted under the Controlled Substances Act under what amounts, in many circuits, to a civil malpractice/negligence standard. Those days now appear to be gone.
As published in the White Collar Crime Prof Blog
Massive Victory for Physicians and the White Collar Bar in the Government’s War Against Doctors
By Solomon Wisenberg
We have posted several times over the past year about the consolidated cases of Ruan v. United States and Kahn v. United States, pending at the U.S. Supreme Court this term. The cases involved the level of scienter required to convict doctors of illegal distribution of Schedule II Narcotics under the Controlled Substances Act. The opinion in Ruan v. U.S. and Kahn v. U.S. is now out and it is even better than most of us thought it would be. “After a defendant produces evidence that he or she was authorized to dispense controlled substances, the Government must prove beyond a reasonable doubt that the defendant knew that he or she was acting in an unauthorized manner, or intended to do so.” The ruling was 9-0 on the final outcome, but 6-3 on the majority’s reasoning. Justice Alito, joined by Justice Thomas and, far the most part, Justice Barrett, concurred in the result only. They did not join the majority’s holding that, once the defendant meets the burden of production, the burden of proof beyond a reasonable doubt shifts back to the government. All nine Justices agreed that the jury instructions in the two trials were defective because they injected objective reasonableness requirements into their good faith instructions. Many issues remain to be resolved in these Pain Doctor cases, but the victory here is truly sweeping. Doctors have been convicted nationwide over the past several years under what amounts, in many circuits, to a civil malpractice/negligence standard. Those days now appear to be gone.
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SOLOMON L. WISENBERG
Solomon L. Wisenberg has extensive lead counsel experience in complex white collar criminal investigations and jury trials. His nationwide practice is primarily devoted to representing individuals and businesses exposed to federal criminal and regulatory inquiries or charged with federal crimes. READ FULL BIOGRAPHY
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U.S. Supreme Court Rules on Doctors Illegal Distribution of Schedule II Narcotics under the Controlled Substances Act
Over the past several years, doctors across the United States have been convicted under the Controlled Substances Act under what amounts, in many circuits, to a civil malpractice/negligence standard. Those days now appear to be gone. As published in the White Collar Crime Prof Blog Massive Victory for Physicians and the White Collar Bar in
January 6 Committee – The Concept of Willful Blindness
Federal criminal defense attorney Solomon Wisenberg provides commentary regarding the January 6 Committee’s recent hearing focusing on all of the advisors who told Trump he had lost the 2020 election fairly and how relevant it will be to any decision by AG Merrick Garland to charge Trump with a federal crime as the media explains
The Timothy Shea Federal Fraud Mistrial in the United States District Court for the Southern District of New York
Washington, D.C. Federal criminal defense attorney Solomon Wisenberg reviews Southern District of New York (SDNY) Judge Analisa Torres’ grant of a mistrial last week in the federal fraud trial against “We Build A Wall” defendant Timothy Shea. As published in the White Collar Crime Prof Blog The Timothy Shea Mistrial: It’s Tough To Dismiss An
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