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When is a doctor a doctor and when is a doctor a drug dealer? In early March, the U.S. Supreme Court heard oral argument in two consolidated cases — Ruan v. United States and Kahn v. United States — to address where that line is drawn. Since the mid-1970s, doctors who prescribe controlled substances are not subject to prosecution for unlawful distribution under the Controlled Substances Act unless those prescriptions “fall outside the usual course of professional practice.” United States v. Moore, 423 U.S. 122, 124 (1975). If a doctor prescribing controlled substances believes, mistakenly, that he or she is acting within the usual course of professional practice, that sounds like medical malpractice, but is it also a felony? The court granted certiorari in Ruan and Kahn to address a circuit split on whether a physician who prescribes controlled substances may be convicted of unlawful distribution under 21 U.S.C. §841(a)(1) without regard to whether, in good faith, that physician believed the prescriptions to fall within an acceptable course of professional practice. See, Ruan v. United States, No. 20-1410; Kahn v. United States, No. 21-5261.
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Repairing the Foreign Agents Registration Act
By Harry Sandick and George Carotenuto
In recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.
Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases
By Emil Bove
This article addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.
Crypto Executive Order ‘Both a Landmark and a Question Mark’
By Andrew Goudsward
The Biden administration released its long awaited executive order on cryptocurrency, directing a range of federal agencies to study and assess a litany of issues related to digital assets, including cybersecurity, money laundering and climate impact.
The FTC Gets Into the College Athlete NIL Game
By Nicole Demas, L. Andrew Tseng and Sean P. McConnell
As national champions are crowned in men’s and women’s basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn’t come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.
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