Healthcare Fraud: It's a "Loss"
Cause.
The Fifth Circuit recently clarified how courts should calculate
the loss amount under the U.S. Sentencing Guidelines for Medicaid
(and Medicare) fraud. Joining the Fourth Circuit, the court said
that "the amount fraudulently billed to Medicare/Medicaid is
'prima facie evidence of the amount of loss.'" The
parties may provide evidence in an effort to increase or decrease
that amount.
It's a Conspiracy!
With the possibility that prosecutors may more frequently use RICO
to prosecute white-collar crime (for a news article on the subject,
click here), a recent Second Circuit opinion on RICO conspiracy is
worth mentioning. Interpreting Supreme Court precedent, the court
held that the government need not prove the existence of an
enterprise to obtain a conviction for RICO conspiracy. The court
ruled that for RICO conspiracy, it's the agreement-and the
agreement alone-that counts.
Avoiding the Public Eye.
In the Internet age, public access to the courtroom stretches far
beyond those in attendance. The only option to keep things in court
from ending up on the Internet may be to seal the courtroom or the
proceedings. For anyone in the position of wanting to take that
tack, click here for the Federal Judicial Center's pocket guide
on the subject.
Identity Theft Rules the Roost.
The Federal Trade Commission reported that consumers complain more
about identity theft than about any other unfair practices. Also in
the top ten were debt collection, Internet services, and other
advance-fee schemes.
Is the Collective-Knowledge Doctrine Losing Steam?
It appears that the rules for determining a corporation's state
of mind may be loosening. Several courts, including the D.C.
Circuit late last year, have rejected the First Circuit's
twenty-four-year-old Bank of New England opinion, endorsing the
collective-knowledge doctrine.
Sore Loser.
Convicted of insider trading, former Qwest CEO Joseph
Nacchio is not taking his conviction sitting down. After
unsuccessful appeals in the Tenth Circuit and a cert denial by the
Supreme Court, Nacchio recently filed a malpractice suit in New
Jersey Superior Court against the lawyers who represented him in
his criminal matter.
Lawyers on the Stand.
Just who corporate counsel represents, and when the attorney-client
privilege applies, can be a hotly contested issue. In a
non-precedential opinion, the Third Circuit recently affirmed the
conviction of a former CEO, rejecting a claim that the district
court improperly allowed company's counsel to testify against
the CEO at trial.
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