Money and health care and crime: the topics are intertwined. The amount of money spent in the health care industry here in the United States is almost impossible to comprehend.  It is reported that in 2021, 17.8% of the entire gross domestic product (GDP) of our country was spent on health care.  This is two, three, or even four times the amount spent on health care in places like Japan, Germany, New Zealand, the United Kingdom, France, and Canada. Read, “U.S. Health Care from a Global Perspective, 2022: Accelerating Spending, Worsening Outcomes,” written by Munira Z. Gunja, Evan D ..read more

Here are how things stand right now for the controversial Texas Senate Bill 4 (88-4) (“SB4”), which was passed last fall by both houses of the Texas Legislature and signed into law by Governor Abbott.  You may recognize the new statute by its nickname, the “Show Me Your Papers Law.”   See, e.g., “Texas’s So-Called ‘Show Me Your Papers’ Bill That Would Allow The Detainment, Deportation Of Mexicans Leads To Outrage,” written by Christopher Rhodes and published by Yahoo News on November 3, 2023. Under state law, SB4 was to be effective and available for state and local authorities ..read more

First things first, it’s important to understand exactly what is involved in the Medicaid program here in Texas.  Bottom line, Medicaid is free or low-cost health insurance provided by the government for those that meet its eligibility requirements. The majority of Medicaid coverage is provided to those with no income or have a low income, as well as to those with qualifying disabilities.  While most assume it is a federal program (and it is), each state is also heavily involved in Medicaid. Texas, and all its sister states, provide part of the funding for this health insurance progr ..read more

There are lots of names for people crossing the border into Texas without authority, including migrants, immigrants, illegals, undocumented noncitizens, illegal entrants.  See, “Illegal Alien” Is One of Many Correct Legal Terms for “Illegal Immigrant,” written by Alex Nowrasteh and published by Cato on October 14, 2019. However, the legal terminology pursuant to federal statute is these non-citizens are defined as “aliens.”  By statute, aliens are defined to be anyone who is “…not a citizen or national of the United States.” 8 USC § 1101(a)(3).  A “national of the United States ..read more

It’s all about supply and demand.  Consider this:  Las Vegas will host Super Bowl VVIII on Sunday, February 11, 2024.  However, “football’s biggest week” really begins the prior Monday with Super Bowl Opening Night at Allegiant Stadium with the only public appearance of the two competing teams until they take the field for the big game.  Stuff is scheduled every day during Super Bowl Week.  It’s a huge deal.  For details, read the NFL’s online Super Bowl LVIII – Event Info Overview. Just like the rest of the country, most criminal defense lawyers will be watching ..read more

Things can get darker for those with past criminal convictions and a new federal arrest. There are times when new convictions will result in enhanced (greater, longer) punishments based upon prior criminal offenses.  How? Federal law will require the defendant’s sentence be boosted in time to be served behind bars because of something in the defendant’s past.  In legal parlance, this is done in accordance with the longstanding “categorical approach” to sentence determination. For many, especially those practicing in the federal criminal defense bar, it can be a frustrating process.&n ..read more

Those accused in federal court, no matter which state or which crime is involved, will have punishment after conviction determined in accordance with the United States Sentencing Guidelines (USSG) compiled and published by the United States Sentencing Commission (USSC).  This is a critical difference between the state and federal criminal justice systems. What is this Commission?  The USSC is a part of the judicial branch; however, it does not answer to the courts.  It is an independent agency tasked with developing guidelines and policy statements to be used for federal sentenc ..read more

Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations.  From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems – state or federal – with different rules of procedure and evidence as well as distinct laws defining crimes and their corresponding punishments.  If you are arrested on violations of Texas law, things proceed through the state system. The process is very diff ..read more

The Texas border with Mexico extends 1254 miles. Along this international boundary there are currently 28 bridges and border crossings (including a couple of dams and a hand-drawn ferry) for travel between the two jurisdictions.  And of course, there are long stretches of open riverbank along the Rio Grande where the waterway provides a natural border crossing. Of course, there are many ways for people to enter the Lone Star State other than entry through Mexico.  However, our Texas-Mexico border is the main concern for law enforcement today in the illegal immigration of people into ..read more

Evolving Safe Harbor Provisions to the Federal Anti-Kickback Law can form the Basis for a Defense to Health Care Fraud Charges Kickbacks are illegal activities that can happen in all sorts of endeavors, from construction and real estate development to banking or politics.  The term is broadly defined by Cornell Law School, citing Fischer v. United States, 529 U.S. 667 (2000), as: a misappropriation of funds that enriches a person of power or influence who uses the power or influence to make a different individual, organization, or company richer. Often, kickbacks result from a c ..read more