U.S. v. DeHann

Dist. Ct. did not err in sentencing defendant to 108-month term of incarceration and in ordering defendant to pay restitution in amount of $2,787,054.58 on Medicare fraud charges stemming from allegations that defendant either over-billed for services or certified patients for home-care services, who either were not entitled to said services or were not actually under defendant’s care. Dist. Ct. could properly find that defendant was responsible for fraudulently certifying eligibility of at least 305 individuals for home health care services that resulted in wrongful billings to Medicare of nearly $2.8 million, where record supported finding that said individuals were never under defendant’s care for purposes of defendant certifying said individuals for home health care benefits due to lack of evidence indicating that defendant had either made any in-home visits with said individuals or billed Medicare for any services rendered to said individuals. Moreover, Dist. Ct. could base restitution award on entire amount of payments Medicare had made on behalf of said individuals, where defendant played gatekeeper role in making finding that said individuals qualified for said benefits. Fact that some of instant 305 individuals could have actually qualified for said benefits did not require different result.