In re: Wellcare Health Plans, Inc., No. 14-12422 (11th Cir. 2014)

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Justia Opinion Summary

Wellcare sought a writ of mandamus declaring it a "victim" within the meaning of the Crime Victims' Rights Act (CVRA), 18 U.S.C. 3771, and the Mandatory Victims Restitution Act of 1996 (MVRA), 18 U.S.C. 3663A, and directing the district court to act accordingly. The court concluded that, given Wellcare's admitted role in a criminal conspiracy to defraud Florida healthcare programs, the district court did not clearly abuse its discretion in denying Wellcare's motion to be recognized as a crime victim and to be awarded restitution. Accordingly, the court denied the petition.

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