When New York residents go to the doctor, they usually do not worry about their medical information. However, people sometimes steal important healthcare information. When this happens, it is called healthcare fraud. Healthcare fraud occurs when people run scams to...
Protecting Your Rights And Your Future
Month: August 2019
Ed Sapone’s DECISIONS OF THE WEEK -August 29, 2019
There were two interesting sentencing remands in the Second Circuit this week, and four reversals in the Second Department, including two from Queens Supreme Court for Miranda violations. Clearly, there are a lot more reversals by the NY State appellate courts than by...
Ed Sapone’s DECISIONS OF THE WEEK -August 23, 2019
This was an unexpectedly busy summer week. The Second Circuit remanded two cases for resentencing (Brown and Parkins), and, for the third time this year, the Circuit granted a habeas petition challenging a New York State murder conviction (Scrimo; the other two were...
Self-incrimination and the Fifth Amendment
If you are like most people in New York, you are aware that the criminal justice system recognizes alleged crimes based on varying degrees of severity. It also identifies crimes in part based on jurisdiction. Some crimes are prosecuted at the local or municipal level...
Ed Sapone’s DECISIONS OF THE WEEK -August 16, 2019
There are only two decisions to report this lazy mid-August week: (1) a Second Circuit decision in United States v. Seng that addresses the recurring question of how far SCOTUS’s definition of “official act” set forth in McDonnell v. United States applies beyond its...
Embezzlement allegations result in probation sentence
People in New York who are accused of white collar crimes like money laundering or embezzlement may well know that they might be forced to spend time in prison if they are convicted of these types of offenses. However, a prison sentence is not always an automatic...
Welcome To Our Blog
We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for...
What health care fraud committed by doctors really looks like
The biggest source of insurance fraud is medical providers, not the people who receive benefits. An individual can only successfully obtain a limited amount of benefits for themselves when committing fraud, while providers could theoretically bill for hundreds or...
Ed Sapone’s DECISIONS OF THE WEEK – August-8-2019
The Second Circuit released three interesting precedential opinions this week, though only one was a reversal. The reversal in United States v. Prado was probably more legally important on the procedural question of what defects survive a guilty plea and can be raised...
How are hate crimes defined?
While criminal wrongdoing is always taken seriously by law enforcement, hate crimes combine criminal wrongdoing with a motivation spurred by a bias towards another group. As a result, they cause a ripple effect that can potentially impact all members of a certain...