Justia White Collar Crime Opinion Summaries

Appellant, a primary care physician who served Medicaid patients in the District of Columbia, appealed his convictions for health care fraud and for making false statements relating to health care matters, as well as his 53 month prison sentence. At issue was whether the district court committed evidentiary errors and improperly refused to give the good faith instruction appellant requested. Also at issue was whether appellant's sentence was procedurally unreasonable. The court found no merit in appellant's assertions of trial errors and affirmed the judgment of conviction. The court held, however, that because the district gave an inadequate explanation for its above-Guidelines sentence and because this procedural defect amounted to plain error, the court vacated the sentence and remanded for further proceedings.

The doctor was convicted of conspiring to defraud the government and Medicare fraud (42 U.S.C. 1320a) for accepting a salary from the hospital in return for referring patients and sentenced to 72 months imprisonment followed by two years of supervision and to payment of $497,204 in restitution. The Seventh Circuit affirmed. The court did not err in refusing to admit substantive reports from meetings or the minutes of the meetings, although it allowed the government to use the minutes to establish the doctor's non-attendance at meetings. The doctor was allowed to argue that certain reports concerning his services were made and tendered during the meetings. Upholding a jury instruction, the court stated that nothing in the Medicare fraud statute implies that only the primary motivation for remuneration is to be considered and that the conviction is valid even if the payments were, in part, compensation for services. Findings concerning the level of loss supported the sentence.