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Enrique Macotela faces a murder charge in the death of Magdalena Weich, his live-in girlfriend.Welch’s brother, Milosz Weich, said the judge’s April 22 ruling squashed his family’s hope the child would be sent to his mother’s home in Germany. His sister was an immigrant from Poland.“Even that was taken away from us,” he told The Sun Sentinel.The child stayed in foster care after Macotela’s November arrest, but will now stay with Macotela’s sister.“I am sad,” attorney Trish Gainer Gaddis told The Sun Sentinel. She represented Milosz Weich and his mother in the custody battle. “I am angry, obviously. He’s not convicted yet but based on the evidence shared with the public, it appears as if he had something to do with this. Who else would teach [the son] about his mother but her family? It begs the question if he is convicted, what will he be told happened to his mom?”Gaddis said Florida custody law … [Read more...] about Judge: Murder Suspect Can Decide Who Gets Custody of His Victim’s Son

Trends and AnalysisWe have identified 32 health care-related qui tam cases unsealed since last month’s Qui Tam Update. Of those, only four were filed in 2013. The majority (23 cases) were filed in 2012, with the remainder dating back as far as March 2009.These 32 cases were filed in 18 states and the District of Columbia. Several cases were filed in historically active jurisdictions for False Claims Act cases, including the Eastern District of Pennsylvania, the District of Massachusetts, and the Southern and Eastern Districts of New York.The government declined to intervene in about 60% of the cases in which the unsealed filings included the government’s decision on intervention. The four cases profiled in this month’s Qui Tam Update are all cases in which the government has not intervened.Subject matter of claims:Half of the recently unsealed cases involved both state and federal claims.Fourteen of the 32 recently unsealed cases included … [Read more...] about Qui Tam Update: Recent Developments & Unsealed Cases November 2013

On December 23, 2011, the Office of Legal Counsel (“OLC”) of the U.S. Department of Justice (“DOJ”) revealed that the DOJ had wholly rejected its long-held interpretation of the 1961 Federal Wire Act, 18 U.S.C. § 1084 (“Wire Act”) by concluding that the Wire Act prohibits only sports betting. Until then, the DOJ had consistently declared that the Wire Act barred both casino games and sports betting. The DOJ’s significant policy shift increases the likelihood of legal Internet casino gambling in the U.S., although the DOJ policy does not actually legalize such Internet gambling.      The scope of the Wire Act has been subject to varying interpretations over the past dozen years. The uncertain legal status of Internet gambling in the U.S. has frustrated many U.S. casino gaming companies, which have not participated in the Internet gambling boom for fear of violating applicable law and losing their valuable … [Read more...] about DOJ Reverses Course and Announces Favorable Internet Gambling Policy

U.S. Attorney General Jeff Sessions has quickly made bold moves to reverse some Department of Justice policies and expand others, particularly with illegal immigration, violent crime and drugs.But at the same time, he has not filled any of the U.S. attorney positions after he asked all who remained to immediately resign. And he hasn’t put many high-level DOJ officials in place, either. That hampers his efforts because assistant U.S. attorneys acting as the U.S. attorney in the interim don’t carry the same authority, the Washington Post reports.Asked about the vacancies when he met Tuesday with officials from several federal law enforcement agencies, Sessions said, “We really need to work hard at that.” Along with all 93 U.S. attorney positions being open, many of the top DOJ jobs, such as heads of the civil rights, criminal and national security divisions, remain unfilled.Former high-level DOJ officials said career prosecutors acting as U.S. attorneys have less … [Read more...] about Sessions still hasn’t filled any US attorney positions a month after requesting resignations

Senate Republicans are seeking documents about Eric Holder’s role in three clemency cases and other controversial issues arising from his work in the Clinton-era Justice Department.The attorney general nominee is preparing for a fight, Legal Times reports. He is seeking advice from lawyers who include Steptoe & Johnson’s Reid Weingarten, and former Zuckerman Spaeder partner Ronald Weich, chief counsel to the Senate majority leader.Senate Republicans have asked for a delay in Holder’s Jan. 8 confirmation hearing for more time to prepare, the Los Angeles Times reports. Among the critics is Sen. Arlen Specter of Pennsylvania, the ranking Republican on the Senate Judiciary Committee. Specter says he is concerned about Holder’s role in the pardon of fugitive financier Marc Rich, whose wife was a Clinton contributor.“I think it is imperative we be sure the attorney general of the United States does not bend his views to accommodate his appointer,” … [Read more...] about Will Eric Holder be Obama’s Most Controversial Nominee?