United States v. Grant, et al., No. 11-20013 (5th Cir. 2012)
Annotate this CaseDefendants were committed of health care fraud in violation of 18 U.S.C. 1349. Defendant Grant also was convicted of two counts of aiding and abetting health care fraud in violation of 18 U.S.C. 1347 and 2. Defendants each appealed their convictions. The court concluded that: (1) the district court did not plainly err by admitting a co-conspirator's statements; (2) the government's second cross-examination of Grant was not reversible prosecutorial misconduct; (3) the district court did not abuse its discretion by refusing to elaborate with a missing witness instruction; and (4) there was proof enough to support defendants' convictions. Accordingly, the court affirmed the convictions.
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