Archive for the ‘Elements of Crimes’ Category

 

Gregory L. Poe Apr 12th, 2011The Responsible Corporate Officer Doctrine

I’ve written a paper entitled “The Responsible Corporate Officer Doctrine: Defending Individuals in FDCA Cases” (available here). The paper will be included in the materials available at the ABA’s 21st Annual National Institute on Health Care Fraud in Miami Beach, Florida on May 11-13, 2011 (brochure available here). I’ll be participating in a panel discussion [...]

Gregory L. Poe Oct 30th, 2009The Problem of “Willfulness”

The use of the term “willful” in connection with federal criminal statutes remains needlessly confusing and harmful to the fair administration of justice. A recent Fifth Circuit case offers yet another example. In United States v. Allen, No. 08-11041 (5th Cir., Oct. 28, 2009), a defendant was convicted of criminal contempt under 18 U.S.C. § [...]