Harrison Gavin Long & ASSOCIATES

2901 W. Coast Hwy., Ste. 200, Newport Beach, California 92663-4045
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Criminal Law Newsletter
Insurance Fraud and Federal Prosecutions
 
Although there is no specific federal statute prohibiting insurance fraud because there is a nexus with interstate commerce, federal prosecution for fraudulent conduct may be sought under a variety of different statutes. More...
 
Severance of Offenses and Defendants
 
If any of the defendants would be prejudiced by a joinder of defendants or offenses then the defendants may file a motion for severance. A motion for severance may be filed with respect to the defendants and/or the offenses charged in the indictments. It is within the trial court's discretion to grant or deny the motion for severance. More...
 
OBTAINING CONTROLLED SUBSTANCES BY FRAUD
 
A person commits an offense when he or she acquires, obtains, or attempts to obtain possession of a controlled substance by misrepresentation, fraud, or forgery. The person obtains a controlled substance by fraud when the person forges or alters a prescription for the controlled substance.More...
 
Criminal Violations of the Federal Mine Safety and Health Act of 1977
 
The Federal Mine Safety and Health Act of 1977 (MSHA) provides for enforcement of by way of civil penalties, criminal penalties, or administrative enforcement methods. MSHA was enacted to protect mining workers. When a violation of the MSHA is claimed, an investigation is conducted regarding the allegations of the violation. If a criminal division determines that a case referred to it warrants prosecution, the case will be referred to the office of the United States Attorney. More...
 
Comments During Closing Arguments and Curative Instructions
 
If the defendant suspects that the prosecutor has made an inappropriate comment or remark during closing arguments, the defendant should make an immediate and contemporaneous objection. If the defendant fails to immediately object to the comment or remark, the defendant's later objection to the comment or remark will be deemed waived. More...
 
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