- Posts by Eric W. Moran
Member of the FirmEric W. Moran is an accomplished trial lawyer and litigator who advises companies and their executives in complex civil and criminal matters.
Clients turn to Eric when civil disputes or government inquiries threaten major economic ...
On December 26, 2023, the U.S. Sentencing Commission (“USSC”) proposed several amendments to its Guidelines Manual (the “Guidelines”). Two of these proposed amendments have the potential to especially impact sentencing decisions in white collar criminal cases. In particular, one amendment changes the rule for calculating loss, and another provides new options regarding the consideration of acquitted conduct.
Rule for Calculating Loss
The USSC’s proposed revision to the Guidelines’ rules for calculating loss arises out of an effort to continually evaluate and ...
In a brush-back pitch to DOJ opioid initiatives, the U.S. Supreme Court this past June issued an important decision clarifying the mental state the government must establish to convict a licensed medical professional of illegal drug distribution under the federal Controlled Substances Act (“CSA”). No longer can a doctor be convicted of such a crime based on objectively unreasonable prescribing practices alone. The government now must show that the medical professional subjectively, knowingly, and intentionally prescribed a controlled substance with no legitimate medical purpose. While unlikely to materially impact the number of DOJ opioid prosecutions, the case will no doubt inform charging decisions in marginal cases and will support important defense arguments at trial.
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Recent Updates
- Even Privilege Logs Can Be Privileged Under the Fifth Amendment
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- A Ticking Time Bomb—Universal Injunctive Relief at Risk - SCOTUS Today
- CFPB’s Recent Rule Eliminates Medical Debt from Credit Reports