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Criminal Defense Archives

Gamble v. United States: Dual-Sovereignty Doctrine is Upheld

On June 17, 2019, the U.S. Supreme Court, in Gamble v. United States, refused to overturn the longstanding dual-sovereignty doctrine, an exception to the Constitution's double jeopardy clause, which allows a state to prosecute a defendant under state law even if the federal government has prosecuted the defendant for the same offense under federal law. The 7-2 ruling rejected a challenge to the dual-sovereignty doctrine by Terance Gamble, an Alabama man who was convicted and sentenced in state and federal prosecutions for the same offense - felon in possession of a firearm. Under both state and federal law, a felon may not possess a firearm.

She's Not Bluffing. Kim Ogg Calls Area Poker Clubs' Bet their Operations are Legal

Two Houston area poker rooms and their owners have been called to show their legal cards in a fight to shut down their operations and convict their operators of felonies. Other area poker rooms are on notice - local law enforcement is betting they can shut down and lock up those who have gone all-in on a questionable legal theory allowing them to operate.

Compounding Interest in Healthcare Fraud

Whether it is TRICARE, Medicare, Medicaid, or private insurance, regular reports from news outlets and press releases from the Department of Justice reveal that compounding pharmaceutical fraud is on the rise and likely to remain a focus of law enforcement for the foreseeable future.

What is the grand jury process in a criminal case?

A grand jury, which can consist of 16 to 23 people, does not decide issues of guilt or punishment. Rather, it decides whether the government should initiate an indictment or criminal charges against a particular defendant. Grand juries are used in cases of serious felonies and can be held at both the state or federal levels.

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If you or your company is under investigation, charged or indicted for federal or state crimes, or you want to ensure future compliance, contact Hilder & Associates, P.C., for more information or to schedule an appointment with an experienced Houston white collar criminal defense lawyer.

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