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Expert Analysis

Why Courts Should Apply Escobar In Criminal Cases

By Antonio Pozos and Mark Taticchi (August 29, 2018, 11:45 AM EDT) -- In the two years since the U.S. Supreme Court's decision in Universal Health Services Inc. v. United States ex rel. Escobar set off waves of litigation over materiality in civil False Claims Act cases, it has largely failed to gain traction in criminal fraud prosecutions. Indeed, leading decisions have gone to great lengths to blunt Escobar's materiality analysis in criminal fraud cases. Escobar, however, has broad implications in criminal law, which the courts should recognize and incorporate into their criminal jurisprudence....

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