Michael C. Hennenberg

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Ohio Criminal Law Blog

Should medical errors be grounds for prosecution?

There is no doubt among health care professionals in Ohio that medical errors are extremely serious. NPR cites an estimate that they may be the third leading cause of death in the United States. However, if you are a provider who makes a mistake that results in harm to a patient, you generally will not face criminal charges on account of it. On the rare occasions when providers do face charges, there is usually an indication that the provider was intoxicated or demonstrated malicious intent. 

Professionals in the medical field, including a director of the American Nurses Association, believe that it is best to address medical errors in a way that is not punitive. Otherwise, a provider may be less likely to report the error out of fear of retribution. Nevertheless, a recent high-profile case in which a district attorney filed criminal charges against a nurse for mistakenly administering the wrong medication to a patient who died as a result could set a new precedent. 

Willful vs. non-willful tax avoidance

If you are like most people in Ohio, you can find it hard to look at your paycheck and see how much money is taken out for taxes. Regardless of your political leaning or your financial situation, this can be hard. The tax laws in the United States allow for legal ways that taxpayers can lower their tax burden. Taking advantage of deductions or special types of investments are some examples of this.

However, as explained by Forbes, you should proceed with caution when determining what things you pursue and why when it comes to taxes. Despite allowing people to get breaks on what they owe in taxes, the government has some limits here and can clamp down on what it would call illegal efforts to avoid paying any or one's fair share of taxes. This can lead to allegations of tax evasion which can include both civil and criminal penalties.

Drug addiction, without help, creates a criminal cycle

When the police arrest someone for using or buying illegal drugs, the first response is simply to put that person in jail. If convicted, they spend time behind bars. They're then released and told not to do the same thing again. The authorities view prison time as enough of a deterrent.

But what if it's not? What if the person doesn't need a deterrent at all? What if what they really need is medical help to overcome a drug addiction?

Will I lose my nursing job after a DUI?

If you are one of the many people who has entered the field of nursing in Ohio, you know that your chosen profession is one of great need by many people. The care you provide to your patients and to their family members can go a long way in making a difference in their lives. You also know that you are held to a high standard of conduct, in part due to the very personal nature of your work. When you experience a minor indiscretion in your personal life, you will want to understand how it may impact your professional life and how you can protect that part of your life. One such indiscretion may be a charge of drunk driving.

As explained by RegisteredNursing.org, there are really two types of consequences you will need to be prepared for after an arrest for suspected driving under the influence. One of these is any punishment by the Ohio State Board of Nursing. There may not be any standard set of consequences here as these boards may well evaluate your past as well as the specific circumstances surrounding your arrest. How they learned about the DUI may also factor into their decisions about your professional license.

What happens when a commercial driver gets an OVI?

As a commercial driver, your license - a CDL - is your livelihood. It, alone, gives you the privilege of legally operating your vehicle on Ohio's roadways. Without it, you'd have no income, no career and very few options.

What you worry about is getting arrested on drunk driving charges. It's not that you drink and drive consistently, but you know plenty of people who say they got pulled over after simply having a bit too much at dinner. They thought they were fine, but the police said they were over the legal limit.

Finding a new job after a conviction

Today, it is becoming more understood that having a criminal record is something that can happen to just about anyone. Residents in Ohio should no longer think that a criminal record automatically carries with it the same stigma that it once did. That said, it can feel a bit overwhelming when the time comes to find a new job and a person has a conviction on their record. However, Monster indicates that it is definitely possible to get a good job even with a criminal record.

While an overwhelming majority of employers run pre-employment background checks on job candidates today, there is good news for job seekers who have been convicted of criminal offenses. A survey conducted by the Charles Koch Institute and the Society for Human Resources Management showed that the majority of hiring managers and human resources professionals consider candidates with criminal records to be able to provide just as much value to a company as their counterparts without criminal records.

How Ponzi schemes got their name

Most people in Ohio have likely heard references to Ponzi schemes but they may not fully understand what they are or why they are even called Ponzi schemes. These events are forms of fraud and classified as white collar crimes. The Federal Bureau of Investigation explains that the name dates back nearly a century when a man named Charles Ponzi was accused of illegally scheming to take money from supposed investors.

The crux of an alleged Ponzi scheme involves a person soliciting and accepting money that is intended to be invested in a particular venture. However, instead of investing the money into a business or activity that may generate a return, the person instead uses that money to pay dividends to previous investors. In essence, there is an assertion that no true business activity or investment opportunity exists.

Ohio doctor loses license, faces charges over alleged overdoses

Officials at the Mount Carmel Health Care System in the area of Columbus, Ohio, fired a 43-year-old doctor in December over concerns that he allegedly ordered patients to receive excessive amounts of medication. These concerns also caused the doctor to lose his license. Today, he is facing criminal charges in connection with 25 patient deaths allegedly resulting from drug overdoses that authorities claim were deliberate. 

The deaths reportedly occurred over a three-year period from 2015 to 2018. Many of the patients who died were receiving palliative care and/or were on ventilator machines. The alleged overdoses reportedly consisted of orders for 500 micrograms or more of fentanyl, an extremely powerful painkiller. 

Why you should not brandish a firearm

You legally carry a handgun. It gives you a sense of protection and safety that you wouldn't have otherwise. You know that modern society isn't always safe, and you do not want to find you and your family in a dangerous position. You hope that you never have to use the gun, but you know that day may come.

In the spirit of not using it, though, you hope that maybe it can help to diffuse a potentially dangerous situation. For instance, say you get into a minor car accident. The person you hit gets furious, however, and they start walking toward you aggressively, shouting about the accident.

What is money laundering?

In Ohio, money laundering crimes are taken seriously. If you are accused of being involved in any sort of laundering scheme, you could face harsh penalties. Michael C. Hennenberg is here to help, first by building the basics and explaining exactly what actions are categorized as money laundering.

In short, money laundering is defined as any act in which money that was obtained illegally becomes legitimized or concealed through legal means. Usually this involves passing illegal money through foreign banks or rerouting it through legitimate businesses.

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