Tag Archives: Health Care Industry

Is the Government Throwing in the Towel on Pre-Trial Seizure of Untainted Assets? A Win in the Fourth Circuit Suggests Yes

Perhaps the most troubling type of criminal forfeiture is the pretrial restraint of untainted assets. The Department of Justice will seize assets, before proving a single allegation of wrongdoing, even where those assets are not linked to the wrongdoing. This … Continue reading

Posted in Appeal, Criminal Forfeiture, Health care fraud | Tagged | Leave a comment

Identity Theft Statute Narrowed — A Little Bit

In recent years, the government has increasingly prosecuted individuals under the federal aggravated identity theft statute. This increase may be from the legitimate increase in identity theft but it may also result from the government’s realization that the statute’s mandatory … Continue reading

Posted in Appeal, Health care fraud, Identity Theft, Reversal | Tagged | Leave a comment

DiscoCare Revisited: Why Was This Corporate Executive Detained Pending Sentencing?

Back in July 2013, I wrote a post about two executives at a medical device company in Austin who had been indicted for health care fraud. On June 2, 2014, after a four-week trial, the two men were found guilty … Continue reading

Posted in Conviction After Jury Trial, Dentention issues, False statements, Health care fraud, Uncategorized | Tagged | 2 Comments

Was There a Fox in the Henhouse? Corporate Auditor at Public Company Charged with Insider Trading

As someone who handles litigation and white-collar criminal matters, I’m often troubled by my clients’ corporate audit department. It will author lengthy, non-privileged reports about processes at companies that don’t work. Those reports put everyone on notice about those failing … Continue reading

Posted in Indictment, Insider Trading, SEC Investigation | Tagged | 2 Comments

Loss Amount is Everything: Sixth Circuit Affirms Lengthy Sentence of Corporate Executive in Public Bribery Case

For most white-collar cases, the key issue at sentencing is the calculation of the loss amount. Although not mandatory, the Sentencing Guideline range will unquestionably influence the final sentence. And the Guidelines rely heavily on the loss amount to reach … Continue reading

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With a Name Like “DiscoCare,” How Can You Go Wrong? Two ArthroCare Executives Indicted for Securities Fraud

A few years ago, massive securities fraud cases were all the rage. Over the last few years, health care fraud has been on the hit parade. Now, DOJ has managed to combine the two into one case. The former CEO … Continue reading

Posted in Conspiracy, False statements, Indictment, Securities fraud, Uncategorized, Wire Fraud | Tagged | 2 Comments

Seven Years Later: Will the Richard Scrushy Case Finally End?

I know the public gets sick of lawyers and our filings and our appeals. I don’t. Because when you are a criminal defense lawyer, your job is to be dogged and relentless. We don’t give up. We exhaust every possibility. … Continue reading

Posted in Appeal, Bribery, Conspiracy, Honest Services, Public Corruption | Tagged | Leave a comment

Four WellCare Health Plan Execs Found Guilty of Health Care Fraud

On June 11, a Tampa jury found four former executives of WellCare Health Plans Inc. guilty of several charges, including health care fraud and making false statements to a law enforcement officer. The verdict came at the end of a … Continue reading

Posted in Acquittal After Jury Trial, Conviction After Jury Trial, Deferred Prosecution Agreement, False statements, Health care fraud | Tagged | 2 Comments