Sunday, September 28, 2014

Former Execs From Wellcare Move to 11th Circuit

Former Wellcare executives, who were convicted, have filed their briefs in the 11th Circuit and a strong amici brief is accompanying them.  One of the key issues comes from an 11th Circuit case United States v. Whiteside, where the court held that a false statement charge can't be premised on a statement that is true under an objectively reasonable interpretation of the law.  The importance of the falsity of the statement is a key component of a prosecution as without this limitation prosecutorial discretion can be stretched to inordinate lengths.

An equally important issue argued pertains to willful blindness. The Supreme Court's opinion in Global Tech emphasizes the importance of an affirmative act needed for demonstrating willful blindness and how recklessness and negligence will not suffice.

These issues raise important questions for the 11th Circuit to examine.  It is therefore no surprise to see some top criminal law professors signing onto the amici brief.

Behrens Brief - Download Behrens_Brief_-_Filed_Copy

Farha's Brief - Download Farha_Brief_2014 09 19-1

Clay's Brief - Download Clay_Brief_-_Filed_Copy

Amici Brief - Download NACDL___US_v_Clay_-_Brief_for_Amici_Curiae_9-26-14-1

(esp)

https://lawprofessors.typepad.com/whitecollarcrime_blog/2014/09/former-execs-from-wellcare-move-to-11th-circuit.html

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