Can a criminal defendant rely on collateral estoppel to preclude the government from proving an element of the crime in a criminal case?
A woman sues the police for violating the Fourth Amendment because of a warrantless search of an apartment she was staying in for a week. She loses because the government proves that she didn't actually live in the apartment and therefore had no reasonable expectation of privacy.
It turns out she was convicted of a sex offense in college for peeing in public sex offender and required to register whenever she moves. Since she claimed to live at that apartment, the police charge her with failing to register at that address.
Assuming the registration statute applies only to a residence that would be protected under the Fourth Amendment, can the woman use the first case to preclude the government from claiming in the criminal case that she lived at the apartment?
A doctor submitted a FOIA request to the Department of Health and Human Services for records of all the claims for Medicaid reimbursements he had submitted in the last five years. HHS says no such records exist, so the doctor sues. The court finds that no such records exist and rules for the government.
After that case ends, HHS discovers not only that it was mistaken -- the doctor had submitted reimbursements -- but some of them were fraudulent. It charges the doctor with Medicaid fraud, which requires proof that he submitted a claim.
Can the doctor rely on collateral estoppel to defeat this charge?
To be clear, I'm not really interested in answers arguing that the hypotheticals don't meet the elements for collateral estoppel; I'm just wondering whether a civil case can give rise to collateral estoppel in a criminal case, assuming all the criteria are met.