healthcare-fraud
10 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24A778 | Frank H. Bynes, Jr. v. United States | Eleventh Circuit | 2025-02-11 | Presumed Complete | controlled-substances criminal-intent drug-distribution healthcare-fraud medical-practice prescription-fraud | Question not identified. | |
| 23-7132 | Thomas G. O'Lear v. United States | Sixth Circuit | 2024-04-04 | Denied | Response WaivedIFP | healthcare-fraud insurance-company medicaid medicare offense-level-enhancement sentencing-guidelines victim-definition vulnerable-victim | United States Sentencing Guideline § 3A1.1 provides for a base offense level increase where the victim of the offense was vulnerable. In a case involv… |
| 23-716 | Shawn Mark Henry v. United States | Fifth Circuit | 2024-01-03 | Denied | Response Waived | anti-kickback-statute criminal-intent federal-benefits federal-healthcare-benefits healthcare-fraud interstate-commerce mens-rea statutory-interpretation travel-act | I. Does the Anti-Kickback Statute, 42 U.S.C. § 1320a-7(b)(1), require the government to prove that the defendant received remuneration for referring p… |
| 23-139 | United States, ex rel. Shannon Martin, M.D., et al. v. Darren Hathaway, M.D., et al. | Sixth Circuit | 2023-08-15 | Denied | Response Waived | anti-kickback-statute false-claims-act federal-health-care-program government-claims healthcare-fraud liability remuneration statutory-interpretation | 1. Does the term "remuneration" under the Anti-Kickback Statute encompass solicitation or receipt of any kind of reward or compensation, or is it limi… |
| 22-6653 | Jayson Montgomery v. United States | Sixth Circuit | 2023-01-27 | Denied | IFP | anti-kickback-statute circuit-split controlled-substances-act criminal-law due-process healthcare-fraud intent ruan-v-united-states subjective-intent | To convict a defendant of violating the anti-kickback statute, is the government required to establish that the accused intended to engage in unlawful… |
| 22-685 | Jerry Wayne Wilkerson, et al. v. United States | Sixth Circuit | 2023-01-24 | Denied | anti-kickback-statute commission-payment controlled-substances-act healthcare-fraud objective-intent-standard pharmacy-benefit prescription-marketing sixth-circuit subjective-intent | Must the government establish subjective intent to engage in unlawful conduct in order to convict a defendant of healthcare fraud and violation of the… | |
| 22-339 | Pfizer Inc. v. Department of Health and Human Services, et al. | Second Circuit | 2022-10-12 | Denied | Amici (5) | advisory-opinion-process anti-kickback-statute criminal-intent healthcare-fraud medical-decision-making medicare mens-rea remuneration rule-of-lenity statutory-interpretation | Whether the AKS is violated only if the person offering the "remuneration * * * to induce" the purchase of federally reimbursed healthcare intends to … |
| 21-445 | Floyd Calhoun Dent, III v. United States, et al. | Fourth Circuit | 2021-09-22 | Denied | Response Waived | anti-kickback-statute federal-healthcare-programs healthcare-fraud independent-contractor independent-contractors marketing medical-referral referral remuneration sales-commission statutory-interpretation | Whether the AKS prohibits the payment of sales commissions to independent contractors who make marketing presentations to physicians but who are not m… |
| 20-1692 | Henry Evans v. United States | Fifth Circuit | 2021-06-07 | Denied | Response Waived | administrative-law criminal-procedure criminal-prosecution expert-testimony health-care-fraud healthcare-fraud medicaid medicare medicare-regulations statutory-interpretation | 1.) Are the Medicare rules, regulations, and policies "controlling" in a criminal prosecution under 18 U.S.C. § 1347; i.e. is evidence of compliance o… |
| 19-866 | Emmanuel E. Ubinas-Brache v. Surgery Center of Texas, LP | Texas | 2020-01-10 | Denied | Response Waived | anti-kickback-statute healthcare-fraud limited-partnership medicaid medicare partnership-agreement preemption state-contract-law surgical-center | Animated by concerns over fraud and rising costs in federal healthcare reimbursement programs like Medicare and Medicaid, Congress enacted an anti-kic… |