Free Newsletter
Plea Withdrawal
By: Derek Hawkins//August 11, 2020//
Listen to this article7th Circuit Court of Appeals
Case Name: United States of America v. Kevin W. Schaul
Case No.: 19-1632
Officials: RIPPLE, SYKES, and SCUDDER, Circuit Judges.
Focus: Plea Withdrawal
Kevin Schaul pleaded guilty to five counts of health care fraud in violation of 18 U.S.C. § 1347. He now challenges his conviction, submitting that his guilty plea was not knowing and voluntary because he never was informed of the elements of the offense.
The indictment gave Mr. Schaul sufficient notice of the charges. However, he was informed erroneously of the mens rea required by the statute; such an affirmative misrepresentation of the elements of the offense constitutes plain error. We conclude nevertheless that this error did not affect Mr. Schaul’s substantial rights. The record affirmatively demonstrates that he knowingly and willfully violated the law. We therefore affirm the judgment of the district court.
Affirmed
Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
Polls
Loading ...Legal News
- Chicago man sentenced to prison after being caught with ‘Trump Gun’
- FTC bans non-competes
- Gov. Evers seeks applicants for Dane County Circuit Court
- Milwaukee man charged in dismemberment death pleads not guilty
- Democratic-led states lead ban on the book ban
- UW Madison Professor: America’s child care crisis is holding back moms without college degrees
- History made in Trump New York trial opening statements
- Prosecutor won’t bring charges against Wisconsin lawmaker over fundraising scheme
- Republican Wisconsin Senate candidate says he doesn’t oppose elderly people voting
- Vice President Harris to reveal final rules mandating minimum standards for nursing home staffing
- Election workers fear threats to their safety as November nears
- Former law enforcement praise state’s response brief in Steven Avery case
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
- Power 30 Personal Injury Attorneys – Benjamin Nicolet
- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula
