U.S. v. Chhibber

In prosecution on charges of making false statements relating to health care matters and health care fraud, arising out of scheme by defendant-internist to submit bills to insurers for reimbursement on large volume of unnecessary diagnostic tests, where said bills contained false diagnostic codes, fake symptoms and sham diagnoses, Dist. Ct. did not err in admitting summary charts listing large percentages of defendant’s patients, who received certain tests or diagnoses. While defendant argued that said tests were irrelevant without expert to testify that numbers on charts were comparatively high, govt. witness/internist, who qualified as expert, indicated that subject tests were not medically necessary, and that number of tests performed by defendant’s relatively untrained staff was exceedingly high, where medical industry would expect that only trained specialists would perform only small number of subject tests. Moreover, govt. witness also stated that defendant’s notes in patient charts did not contain information that would typically be found for patients with diagnoses given by defendant.