AGs Call for Federal Policy Change to Expand Their Medicaid Fraud Authority to Address More Resident Abuse Cases
Washington, DC—The National Association of Attorneys General (NAAG) sent a letter today urging the U.S. government to change its policy so that state attorneys general could use federal funds to investigate and prosecute a wider range of Medicaid abuse and neglect cases, including those that happen at home. Medicaid is a joint federal-state program that provides…
Recent Powers and Duties Decisions
This article reports on the latest decisions across the country affecting the powers and duties of state attorneys general.
Read My Lips: No New Fees | Recognizing and Recovering “Tax” Claims in Bankruptcy Cases
While the U.S. Supreme Court and various circuit courts have tried to provide guidance on how best to determine whether a particular obligation owed to a government entity is a "tax," "fee," "penalty," or a simple contract debt, clarity on the subject remains lacking. This article aims to offer more clarity and ensure governments that find themselves in bankruptcy cases can avoid state losses.
“First, Do No Harm”: Criminal Prosecutions of Doctors for Distributing Controlled Substances Outside of Legitimate Medical Need
NAGTRI revisited a 2007 study on physicians who had been prosecuted for prescribing controlled substances. The goal of this project was to determine if there had been any shift in the numbers of prosecutions, patient addictions, or states issuing opioid prescription guidelines since the 2007 study in an effort to curb the opioid abuse epidemic across the country.
The Interaction between Rule 3.8(d) and the Constitutional Requirements of Brady and Giglio
This is an ongoing column exploring various ethical topics relevant to attorneys general and other government attorneys. Look for the Ethics Corner in each issue of the quarterly NAGTRI Journal.
Presidential Council Issues Report Arguing that Ballistics Testimony Should Not be Admitted as Evidence
On Sept. 19, the President's Council of Advisors on Science and Technology (PCAST) issued a report titled "Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature-Comparison Methods.". This article introduces PCAST and provides an overview of the 174-page report and its recommendations to judges across the nation.
Powers and Duties Decisions
This article reports on decisions across the country affecting the powers and duties of state attorneys general.
Pitfalls in Rule 30(b)(6) Depositions of Law Enforcement Authorities
This article explores the special problems that arise when a defendant notices the deposition of a civil enforcement plaintiff under Fed. R. Civ. P. 30(b)(6) seeking information about the government's case. While depositions of government agencies are explicitly permitted under Rule 30(b)(6), unique problems arise when the agency happens to be a government law office serving as trial counsel in an enforcement action and also conducted or supervised the underlying investigation.
