United States v. Sanjar, No. 15-20025 (5th Cir. 2017)Annotate this Case
Six defendants appealed their convictions for Medicare fraud, as well as paying and receiving kickbacks for referrals. Defendants' scheme involved fraudulently billing Medicare for services provided at a community mental health center. The court concluded that the district court did not err in declining to suppress the evidence seized pursuant to the warrant; the indictment does not present any reversible error; the court rejected claims of evidentiary errors; the court rejected claims of error regarding the jury instructions; the evidence was sufficient to convict defendant of conspiracy to commit health care fraud and substantive health care fraud, as well as the kickback counts; there was no Eighth Amendment problem with the forfeiture order; and the court agreed with the government that the district court erred by deciding to offset defendants' restitution obligations with any amount collected pursuant to the forfeiture order. Accordingly, the court modified the restitution and forfeiture orders to eliminate the offset. The court affirmed the judgment in all other respects.