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: Defense Newsletter Blog

Melgen: Upholding Medicare Fraud Convictions Over Multiple Challenges

By Tim Cone

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In United States v. Melgen, No. 18-10991 (July 31, 2020) (Grant, Martin, Lagoa), the Court affirmed the defendant?s Medicare fraud convictions and sentence. First, the Court rejected the defendant?s argument that the district court erred by giving the pattern instruction on materiality. The Court rejected the defendant?s reliance on a Supreme Court case addressing the False Claims Act. Second, the Court found no error in the introduction of summary charts comparing the defendant?s billing to peer physicians. The charts were admissible under Rule 1006. The Confrontation Clause did not permit the defendant to cross examine decision-makers about the criteria used to make the charts (namely, the prosecutors). And no expert witness was required to admit the charts...continue to full post

Full post as published by Defense Newsletter Blog on July 31, 2020 (boomark / email).