Author Archives: David Glassman
Aiding and Abetting Fraud Can Now Lead to Both Criminal and Civil Liability
Fraud is a crime that occurs when one person makes a significant misrepresentation of facts inducing another to take an action that disadvantages or harms them. In Pennsylvania, criminal charges can be brought not only against the person who committed the fraud but also against anyone who assisted them. Until recently, it’s been unclear whether… Read More »
Drug Delivery Resulting in Death Is a Homicide in Pennsylvania
The recent sentencing of a Monroe County man to 20 years in prison shows the wide sweep of a Pennsylvania law making it a homicide to distribute an illegal drug that causes the death of a recipient user. The Drug Delivery Resulting in Death (DDRD) law, enacted in 2008, provides that intentionally delivering, administering, prescribing… Read More »
Pennsylvania Computer Hacking Laws Expose More People to Criminal Prosecution
Computers are a great convenience and even a necessity in modern life, but they have also developed into instruments of crime, used to invade the privacy of or otherwise harass members of the public. This has led to enactment of specialized laws aimed at policing cyber crimes, resulting in more people being prosecuted and convicted…. Read More »
Feds Make Concerted Use of Civil Monetary Penalties to Punish Medicare Fraud
Medicare makes it possible for millions of senior citizens to afford the medical care they need at an age when they’re particularly vulnerable to serious health problems. However, some doctors allegedly take advantage of this federal source of funds to pad medical bills with services that they didn’t actually render. Federal law creates both criminal… Read More »
How Criminal and Civil Racketeering Laws Work Hand in Hand
In 1970, in an effort to find more ways to prosecute the Mafia and its affiliates, the federal government passed the Racketeer Influenced and Corrupt Organizations (RICO) Act. Two years later, Pennsylvania passed a largely similar version called the PA Corrupt Organizations Act (PACO). While both laws were originally intended to combat organized crime —… Read More »
Your Rights Against Illegal Search and Seizure in Pennsylvania
The U.S. and Pennsylvania constitutions generally prohibit the government from searching you or your property unless they have probable cause. That sounds like a clear-cut rule but federal and state courts have issued numerous decisions over the years that have carved out exceptions and other contingencies that can significantly affect your rights. While the federal… Read More »
New Law Authorizes Use of PA National Guard to Police Cybercrime
Pennsylvania lawmakers continue finding new ways to ramp up their fight against cybercrimes. A law authorizes the governor to mobilize two specialized units of the Pennsylvania National Guard to support state and local governments in need of cybersecurity support and training. As a result of these initiatives, more people will likely be exposed to prosecution… Read More »
Bill Would Subject Sex Traffickers to Megan’s Law, Regardless of Victims’ Ages
The Pennsylvania General Assembly is considering a bill that would make conviction of adult sex trafficking a ground for placement on the Megan’s Law Registry, which is currently limited to sex offenses against minors. Senate Bill 118, if it passes, would expand the law to require registration no matter the age of the victims. Proponents… Read More »
What is the Crime of “Sextortion” and What Are the Penalties?
Sexual extortion — or “sextortion” — occurs when a person forces someone else to engage in sexually related conduct under threat of exposing private or personal information. Pennsylvania made sextortion a criminal offense in 2020. Pennsylvania law sets forth these examples of conduct that is considered to be sextortion: Harming or threatening to harm the… Read More »
Pennsylvania Initiating New Regulations on Ghost Guns
Governor Tom Wolf has signaled that Pennsylvania will implement a state-level version of a new Biden Administration rule designed to cut down on the proliferation of “ghost guns.” Ghost guns are homemade firearms that do not have serial numbers, which makes them nearly impossible to trace. Also called privately made firearms (PMFs), ghost guns are… Read More »