Articles Tagged with “Medicare Fraud”

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There was only one published criminal case in the federal circuits last week where the defendant won. It’s a good case on jury instructions for missing evidence, and the short write up is below.

In other news – I stumbled across this lovely write up of a Medicare Fraud prosecution by a doctor.

I often am talking to people who are amazed at how the federal criminal justice system works when they encounter it for the first time. The article is titled “Is a charting error a federal crime?” (spoiler alert: the author thinks that it is, but shouldn’t be)

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When a person is convicted of a federal crime, especially in a fraud case, but in lots of other kinds of federal criminal cases too, the district court sometimes also orders that the person pay restitution.

The point of restitution is that the person has to pay back any money that they took – they have to make any victims of the crime whole again.

To satisfy a restitution judgment, the federal government can go try to get that money from assets that a person has – they can go after bank accounts and retirement accounts and houses.

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I strongly suspect that many of our nation’s circuit court judges worked over the Thanksgiving break, because they’re back with nine wins for folks accused of crimes in our nation’s federal appellate courts.

It’s a potpourri of cases – multiplicity in the sale of Bald Eagle Parts, an innocent spouse issue in a restitution award, the reduction of a fine in an Ernst & Young tax shelter fraud case, and a few Fourth Amendment cases.

Heck, there’s even a case on a Rule 41 motion. When’s the last time you saw a federal appeals court issue a published opinion on a motion for the return of property?

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Medicare is a huge federal program. It’s also a huge source of criminal liability for doctors and other health care providers, as they try to comply with the byzantine regulations for billing issued by the Centers for Medicare and Medicaid Services.

Take United States v. Jones as an example.

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