Author: Brian J. Kuester

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What Is Criminal Intent?

A defendant’s mental state at the time of an alleged offense is often a key factor in determining both (i) whether the defendant is guilty of the offense, and (ii) if the defendant is guilty, the level of punishment that...Read More

What Are Federal Crimes?

The question of whether a crime is subject to state or federal jurisdiction is not always easy to answer. The following is a brief, but by no means complete, overview of categories of offenses that are subject to federal law...Read More

Does the Government Have to Disclose Exculpatory Evidence?

In criminal trials, defendants always start out at a disadvantage. While the government may investigate and prepare its case for months before bringing charges, many defendants don’t even know that they are a suspect until federal agents show up with...Read More

What Happens in a Federal Criminal Case?

Most people outside of the federal justice system have no idea what really goes on during a criminal case. Our criminal defense attorneys and former federal prosecutors explain: The Steps Involved in a Federal Criminal Prosecution Investigation Most federal criminal...Read More

How Does Someone Get Charged with a Federal Crime?

From the time that a federal agency (such as the FBI, DEA, or OIG) begins an investigation, there are several steps involved before a suspect will be formally charged with a crime. In this article, our experienced criminal defense attorneys...Read More

Appealing a Pre-Trial Detention Order (Denial of Bond)

One of the first steps after an arrest for a federal offense is the initial appearance hearing. During this hearing, a U.S. magistrate judge decides whether the defendant should be released pending resolution of the case (bond), or should be...Read More

Department of Justice is Getting Aggressive in Health Care Fraud Cases

On March 4, 2016, the U.S. Department of Justice (DOJ) announced that it had entered into a settlement agreement with a Grand Forks, North Dakota provider of ambulance services, in which the provider agreed to pay more than $300,000 to...Read More

Inspector General is Actively Pursuing Physicians for Anti-Kickback Statute Violations

All signs point to increased activity by the Office of Inspector General (OIG) related to alleged violations by healthcare providers particularly physicians of the federal government’s Anti-Kickback Statute. The statute [42 U.S.C.§1320a?7b] makes it a federal crime to exchange (or...Read More

Stark Law is Complicated, and Violations Can Have Serious Consequences

Healthcare providers must carefully maneuver within a complicated maze of federal laws and regulations. One of the most difficult and potentially dangerous is the physician self-referral prohibition found in section 1877 of the Social Security Act [42 U.S.C.S.-1395nn], commonly known...Read More

Qui Tam Lawsuits Target Physicians, Pharmacies and Government Contractors

These lawsuits have a funny name (Qui Tam) but if you are a defendant targeted in a qui tam lawsuit, the situation is anything but funny. They can pose a significant threat to your business, your medical practice, or your...Read More

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