Dist. Ct. did not err in sentencing defendant to 60-month term of incarceration on health care fraud charges, after finding that defendant’s submission of fraudulent claims to Medicare and other heath claims benefits programs resulted in loss of $4,087,736, based on calculation that defendant treated 20 patients per day for three days per week. Defendant lacked patient files to obtain more accurate loss calculation, and while defendant argued that loss was more likely $3.5 million based on fact that he saw far more than 20 patients per day, defendant failed to produce any evidence to call into question calculations contained in presentence investigation report. Also, state’s calculations were based on patients’ testimonies regarding length of time for typical treatments and FBI surveillance of defendant’s workplace.
Federal 7th Circuit Court
Criminal Court
Sentencing