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September 16, 2016

Third Circuit Rules Senator’s Acts Not Protected

U.S. Senator Robert Menendez was indicted by a grand jury for soliciting and accepting gifts from friend Dr. Salomon Melgen in exchange for influencing an enforcement action against Melgen for Medicare overbilling, and intervening on Melgen’s behalf in a contract dispute between Melgen and the Dominican Republic. Menendez also failed to disclose reportable gifts from Melgen, as required by the Ethics Act. Menendez moved to dismiss the indictment in federal district court, which was denied. He appealed to the Third Circuit Court of Appeals. The Centers for Medicare and Medicaid Services...

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July 21, 2016

A defendant who is convicted for committing federal sexual exploitation and child pornography crimes and who pays criminal restitution to the victim can be sued in a civil action by the victim for damages for the same offense (under 18 U.S.C. Sec. 2225)

The plaintiff-appellant (“Doe”) was adopted by the defendant-appellee (“Mancuso”) when she was five years old. During the next five years, the Mancuso sexually abused her, photographed and videotaped the acts, and distributed the media in internet chat rooms. He was investigated and eventually arrested. Under a plea agreement, he pled guilty to the charge of sexual exploitation, and the government dismissed the possession of child pornography charge. He also agreed to pay “mandatory...

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June 1, 2016

Pennsylvania Courts Uphold Institutional Sexual Assault Statute as Applied to Teachers’ Aide and 18 Year Old Student

A teacher’s aide who worked at a high school and admitted to engaging in sexual activities with an 18-year old male student was unsuccessful in her appeal of the trial court’s judgment of sentence. Appellant asserted that section 3124.2(a.2)(1) of the Commonwealth’s institutional sexual assault statute was both unconstitutionally vague and unconstitutionally overbroad. The court rejected both assertions. Appellant was convicted of...

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Posted in: Sex Crimes & Abuse Allegations, Uncategorized

July 7, 2015

Pass the Trash Act Aims to Protect Children in Schools

The new “Pass the Trash” act went into effect on December 21, 2014. This new act greatly increased the steps involved in hiring those who might be deemed to have “direct contact with children”. Those most impacted by this Act are schools and contractors for schools who have “direct contact with children”. Direct contact with children can be defined as “the possibility of care, supervision, guidance or control of children or routine interaction with children”. This new Act does not impact current school employees and those independent contractors already working both at a...

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July 2, 2015

PA Supreme Court Rules Custodial Interrogation by Parole Officer Requires Miranda Warnings

In Commonwealth of Pennsylvania v. Cooley, parole officers received a voicemail from the father of Cooley’s fiancé who stated that Cooley possessed and had been discharging firearms, and may have been selling drugs in his home. Given the nature of the relationship between Cooley and his future father in law, the parole officers handcuffed Cooley upon arrival and searched him for weapons. The officers told Cooley that they were going to search his home for firearms and drugs. Cooley admitted that a firearm was located in a drawer under his living-room couch. Four parole agents searched the...

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