United States v. Ganji, No. 16-31119 (5th Cir. 2018)Annotate this Case
The Fifth Circuit reversed Defendants Ganji and Davis' convictions and sentences for conspiracy to commit health care fraud, holding that the evidence was insufficient to convict defendants. In regard to Dr. Ganji, the court held that the Government failed to present evidence that allowed any rational juror to infer the existence of a conspiratorial agreement beyond a reasonable doubt. In this case, the record substantiated that once Dr. Ganji became affiliated with a specific home health care agency, her patients followed her instead of having to establish a new doctor-patient relationship with a medical professional at a different home health care agency. Furthermore, although the Government presented a plausible scheme of fraudulence, it did not implicate Davis in the scheme with proof beyond a reasonable doubt. The court also held that Dr. Ganji could not be held liable for fraudulence as a result of activity that was legal. Because the Government based Davis' fraud completely on the actions of Dr. Ganji, Davis also did not commit fraud.