APPEALS OF FEDERAL CRIMNAL PROSECUTIONS

After several federal courts ruled that state bingo laws were regulatory laws that could not be enforced against Native American tribes, Congress began looking at legislation that would satisfy the interests of law enforcement agencies and that would help to alleviate the economic problems of the Native American tribes by raising revenue through bingo and gaming. As a result, Congress enacted the Indian Gaming Regulatory Act (IGRA) of 1988.

Types of Healthcare Fraud and Criminal Ramifications

Healthcare fraud is a prevalent crime. Federal healthcare fraud involves fraudulent conduct with respect to any federal healthcare program or plan that provides health benefits to an individual. The plan or program is funded by the United States either directly or by way of a state healthcare fund.

The Travel Act

The Travel Act was passed in the 1960's in response to organized crime. The Act was intended to assist state and local authorities with limited resources in their efforts to combat organized crime. The Act provides that any individual who travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce with the intent to distribute the proceeds of any unlawful activity, commit a violent crime to further criminal activity, promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on of any criminal activity, may be guilty of violating the Travel Act.

CRIMINAL INSTRUMENTS & TOOLS

A person commits an offense if he or she possesses criminal instruments or tools with the intent to use the criminal instruments or tools in the commission of a crime. A person also commits the offense of criminal instruments and tools if he or she manufactures, sells, or adapts criminal instruments or tools, with the intent to use, to aid in the use, or to permit another person to use the criminal instruments or tools in the commission of a crime.

Prosecutors, Immunity and Conflicts of Interests

The prosecutor has immunity from civil liability for actions undertaken during their official duties. The prosecutor enjoys both absolute and qualified immunity. The prosecutor has absolute immunity in initiating a prosecution and in presenting the State's case, so long as the prosecutor's actions are done in conformity with the judicial process.