Justia White Collar Crime Opinion Summaries

Defendant was found guilty of three counts of attempting to cause a financial institution to not file a required currency transaction report (a CTR), in violation of 31 U.S.C. 5324(a)(1). For the first time on appeal, defendant contends that the government and the district court constructively amended the indictment, allowing her to be tried and convicted of violating section 5324(a)(3), and not section 5324(a)(1). Defendant also argues for the first time that the evidence was insufficient to sustain her convictions. The court concluded that, although the instructions given by the district court were not perfect, they did not, under plain error analysis, amount to a constructive amendment of the indictment. The court also concluded, under a plain error analysis, that the evidence was sufficient to convict defendant. Accordingly, the court affirmed the judgment. View "United States v. Leon" on Justia Law

After defendant pled guilty to embezzlement by a bank officer or employee, she challenged her sentence, arguing that it violated her constitutional rights and that it was both procedurally and substantively unreasonable. The court concluded that the district judge abused his discretion by giving significant (indeed, dispositive) weight to defendant's inability to pay restitution. Because the district judge confirmed and reiterated his consideration of defendant's inability to pay restitution as a factor in his order on remand---coupled with his stated belief that defendant's arguments on appeal were “frivolous,” even after having the benefit of reviewing those arguments---it appears the district court may be unable to disregard its improper consideration of that factor or, at least, that it may appear so. Therefore, the court exercised its supervisory powers and remanded for resentencing before a different district judge. View "United States v. Plate" on Justia Law

Defendants Farha, Behrens, Kale, and Clay appeal their convictions for charges related to Medicaid fraud on multiple grounds. Defendants were all high-level executives of WellCare or one of its Florida subsidiaries, Staywell and HealthEase. At trial, the government proved that together defendants participated in a fraudulent scheme to file false Medicaid expense reports that misrepresented and overstated the amounts Staywell and HealthEase spent on medical services for Medicaid patients, specifically outpatient behavioral health care services. The court concluded that the evidence was sufficient to convict Farha, Behrens, and Kale for health care fraud; there was sufficient evidence to convict Behrens for making false representations to AHCA; and there was sufficient evidence to convict Clay for making false statements to federal agents. The court rejected Farha, Behrens, and Kale's challenge to the jury instructions with regard to their fraud convictions. Finally, the court rejected defendants' claims of evidentiary error. Accordingly, the court affirmed the convictions. View "United States v. Clay" on Justia Law

Defendant, the CFO of Inno Vida, was convicted of two counts of conspiracy to commit wire fraud, one count of conspiracy to engage in financial transactions with criminally derived property, three counts of wire fraud, one count of major fraud against the United States, and three counts of making false statements to a federal agency. The government presented evidence that defendant maintained two sets of financial statements and used one set to mislead investors and the United States. The company's controller testified that, when the two sets of statements were prepared, he believed only the other set complied with Generally Accepted Accounting Principles. The court concluded that the district court did not abuse its discretion by admitting the controller's testimony under Federal Rule of Evidence 701 because the testimony was rationally based on his own personal experiences. The court also concluded that the government presented sufficient evidence to convict defendant of each charge. Accordingly, the court affirmed the judgment. View "United States v. Toll" on Justia Law