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: Defense Newsletter Blog

Grow: Affirming Healthcare Fraud Convictions but Vacating Dual-Object Conspiracy Sentence

By Tim Cone

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In United States v. Grow, No. 18-11809 (Oct. 21, 2020) (Luck, Ed Carnes, Marcus) (per curiam), the Court affirmed the defendant?s convictions but vacated his sentence. First, the Court that the evidence was sufficient to support convictions for conspiracy to commit healthcare and wire fraud, substantive healthcare fraud, paying and receiving illegal kickbacks, and money laundering. Second, the Court rejected that the defendant?s argument that a district court?s jury instruction was coercive. On Friday, the court told the jury that it had another trial starting on Monday, and that the jury could reach a partial verdict. However, the court told the jury that there was no time limit on its deliberations, and the jury did in fact continue deliberating into Monday and ultimately did not return a partial verdict...continue to full post

Full post as published by Defense Newsletter Blog on October 21, 2020 (boomark / email).