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Unmasking the Power of the Anti-Fraud Injunction Statute

The government’s successful use of civil injunctions to halt the sale of fraudulent COVID-19 cures has put the Anti-Fraud Injunction Statute in the spotlight. The statute is a unique hybrid of civil and criminal law, and confusion exists as to the proper evidentiary standard. This confusion presents an opportunity for defense lawyers, but they must prepare themselves for the statute’s complexities and landmines.