In Summary, the court concludes that §841’s “knowingly or intentionally” mens rea applies to the “except as authorized” clause. This means that in a §841 prosecution in which a defendant meets his burden of production under §885, the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.
Month: June 2022
Can you lose your medical license for a mistake?
You know that you can lose your medical license if you do anything that is intentionally incorrect or even deemed as a criminal act. Doctors and nurses are held to very high standards and you need to make sure that you provide the type of care your patients expect....
Don’t make these mistakes with a medical board complaint
At any time you may be the subject of a medical board complaint. A patient or a patient's family member may have sent in a complaint about a perceived failure in care. Since complaints unlike malpractice suits) are easy to file, you may be subjected to several...
Hark and Hark successfully appeal a medical license denial
A recent appeal case we won shows you always have a chance if a licensing board attempts to stop you from practicing your profession. The case involved a physician denied a license to practice in Philadelphia over a conviction for conspiracy to possess and distribute...
Are you accused of a crime directly related to your medical job?
Not that long ago, licensing laws in Pennsylvania were incredibly strict. Much like immigrants, those seeking professional licenses would need to undergo background checks, a requirement which is still true today. However, the results of that check were more likely to...