United States v. Martinez

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The Fifth Circuit affirmed defendants' convictions for conspiracy to commit health care fraud and several substantive counts of health care fraud. Defendants' charges stemmed from their involvement in a scheme to defraud Medicare. The court held that the evidence was sufficient to support Defendant Bagoumian's conviction for conspiracy to violate the Anti-Kickback Statute; the evidence was sufficient to support defendants' conviction for conspiracy to commit health care fraud and health care fraud; and the evidence was sufficient to support the counts against the doctor defendants for engaging in monetary transactions of property derived from specified unlawful activity. The court also held that any error in the jury instructions was harmless; the district court did not abuse its discretion by denying defendants' request for a good faith instruction; and defendants' evidentiary challenges were rejected. Finally, the court affirmed Bagoumian's sentence, holding that the district court did not prejudicially rely on her national origin, did not err in refusing to grant a downward adjustment, and did not impose a substantively unreasonable sentence. View "United States v. Martinez" on Justia Law