U.S. v. Brown

Dist. Ct. did not abuse its discretion in sentencing defendant to 87-month term of incarceration on several counts of health-care fraud and providing false statements arising out of defendant’s submission of medical bills that resulted in $4.3 million loss to Medicare. Applicable guideline range was 121 to 151-month term of incarceration, and Dist. Ct. could properly note that imposition of significant sentence was warranted since Medicare fraud was widespread and difficult to uncover. Ct. rejected defendant’s contention that Dist. Ct. committed procedural error, because it relied on unfounded assumptions regarding need to deter individuals committing Medicare fraud. Also, Dist. Ct. did not err in calculating loss for second defendant based upon date in year defendant first came to co-defendant’s company, rather than later date, since record showed that second defendant had training in Medicare billing prior to her employment with instant company and was intimately familiar with billing procedures of medical practice at said time. As such, second defendant would have recognized instant fraud when she submitted said bills.