United States v. Emordi, No. 19-10400 (5th Cir. 2020)Annotate this Case
Defendants were convicted of conspiracy to engage in Medicare and Medicaid fraud in their operation of a home healthcare business, continuing over a period of three years and causing over $3.5 million in losses.
The Fifth Circuit affirmed Defendants Emordi and Isidaehomen's conviction, holding that the evidence was sufficient for the jury to find that defendants knew of and voluntarily joined the conspiracy. The court also affirmed the district court's imposition of a two-level enhancement to Defendant Okwilagwe's sentence for an offense involving 10 or more victims; affirmed an enhancement under USSG 2B1.1(b)(1)(J) for an intended loss between $3.5 million and $9.5 million; and affirmed the restitution amount. Finally, the court affirmed Defendant Etti's sentence, holding that the district court did not plainly err by imposing the below-Guidelines sentence that was substantively reasonable.