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Pardon me?
Having a criminal record not only reduces the number of employment opportunities presented to an individual, but a criminal record can also negatively affect voting rights, the ability to own, possess, or carry a firearm, adopt or foster a child,...
Brian Perry and Heidi Freese Named to PA Attorney General Transition Team
Tucker Arensberg proudly announces that shareholders Brian Perry and Heidi Freese have been named to the transition team for newly-elected Pennsylvania Attorney General Dave Sunday. Both serve on the Criminal Defense Committee, bringing their...
Is There an Apprendi Problem with the Trump Conviction? Recent Supreme Court Decision in Erlinger v. United States Suggests the Answer is Yes.
J. Andrew Salemme, asalemme@tuckerlaw.com, (412) 594-3952 Donald Trump’s jury trial rights under Apprendi v. United States, 530 U.S. 466 (2000), were almost certainly violated, but whether he will get relief on such grounds is a different story. In...
What happens if you are charged with a violation of a Protection from Abuse Order in Pennsylvania?
In Pennsylvania, a defendant faces Indirect Criminal Contempt (“ICC”) if he or she is found in violation of a temporary or final Protection from Abuse (“PFA”) Order. Pennsylvania statute 23 Pa.C.S. Section 6113 is the controlling authority for an...
Social Media Harassment – What to Do: Brian Perry Interviewed on Chick2Chick Podcast
Social media harassment happens more than you think. Someone writing nasty things about you on social media. What can you do? How can you get them to stop? Should you call the police or a lawyer? Chick2Chick is getting answers in this podcast,...
AG Garland Issues Charging Guidance For Drug Cases Implicating Mandatory Minimum Sentences
On December 16, 2022, the Attorney General of the United States issued a memorandum that provided guidance for federal prosecutors in drug cases. While the memorandum has been well received for the Department of Justice’s effort towards...
Third Circuit Clarifies FCA Retaliation Standard Under Amended Anti-Retaliation Provision
The False Claims Act (the "FCA" or "Act") prohibits the knowing presentation of a “false or fraudulent claim for payment or approval” to the federal government. 31 U.S.C. 3729(a)(1)(A). To assist the government in recovering losses from false...
Trial and Error: Maryland Court’s Decision Presents Second Chance for ‘Serial’s’ Syed
In October 2014, Sarah Koenig debuted her popular podcast, “Serial.” The podcast discussed the prosecution of Adnan Syed, who was accused of murdering Hae Min Lee, a high-school senior that vanished after school in 1999. For years, the Maryland...
Tucker Arensberg Attorneys Obtain Groundbreaking Federal Sentencing Ruling
On September 28, 2022, in United States v. Baskerville, the United States District Court for the Middle District of Pennsylvania held that Pennsylvania’s definition of cocaine is broader than the federal counterpart. As a result, the court found...
CFTC Commissioner Announces Proposal That Could Require More Defendants To Admit Wrongdoing In Order To Settle
As part of its regulatory authority over derivatives markets, the Commodity Futures Trading Commission (“CFTC”) investigates and prosecutes violations of the Commodity Exchange Act and governing regulations. Parties caught in the Commission’s...
PPP Lenders Beware: The DOJ Secured A First-Of-Its-Kind FCA Settlement
In response to “a series of sensational congressional investigations into the sale of provisions and munitions to the War Department” where “the United States had been billed for nonexistent or worthless goods, charged exorbitant prices for goods...
Pennsylvania Accepting Applications For Limited Time Under Marijuana Pardon Project
Among other life-changing benefits, securing a pardon can have lasting impacts on an individual’s employment prospects and reduce criminal-history calculations upon future convictions. Indeed, a pardon results in the nullification of punishment or...