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Med Mal News
Doctor Convicted of Manslaughter for Overprescribing Painkillers
After a four-month trial, Dr. Stan Xuhui Li was convicted in July of two counts of manslaughter, as well as reckless endangerment and criminal sale of a prescription controlled substance, among other things. The jury took six days to deliberate before convicting the doctor on 200 of the 211 charges against him stemming from his prescription of pain killers to 20 people from his Flushing, Queens, NY, office, from which he worked one day per week. His main practice was in New Jersey, where he worked as an anesthesiologist. Perhaps explaining the unusual decision to charge the doctor with manslaughter, rather than just prescribing offenses, New York City's Special Narcotics Prosecutor Bridget G. Brennan said, following the conviction, “My office devoted more than three years and countless resources to this case because we believed that the public needed protection from criminally reckless conduct that purported to be medical treatment but resulted in loss of life, addiction, and harm to patients.” The doctor has been ordered held without bail pending his sentencing this month.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.