Category Archives: Criminal Law
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 »
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 »
Justice Department Cracking Down on Coronavirus Aid Fraud as Losses Top $8 Billion
The U.S. Department of Justice is taking stringent measures to combat widespread fraud it has discovered in connection with federal aid programs adopted during the COVID-19 pandemic. The alleged fraud, which touches nearly all types of aid provided for families, workers and businesses, amounts to at least $8 billion, according to the DOJ. In response,… Read More »
Potential Defenses to Child Pornography Possession and Distribution Charges
Pennsylvania and federal laws prohibit the intentional possession and/or distribution of child pornography. Law enforcement agencies conduct long and detailed investigations to gather as much information as possible before moving in to arrest an alleged offender, often through so-called sting operations. A criminal prosecution can include a wide range of charges related to using or… Read More »