United States v. Ashrafkhan, No. 17-1918 (6th Cir. 2020)Annotate this Case
Ashrafkhan came to the U.S. in 1991 after receiving a scholarship to study at Michigan State University. He earned a Ph.D. with a research focus on pathology and the genetics of cancer. In 2006, he founded Compassionate Doctors, a medical practice outside of Detroit, that was actually a “pill mill,” where unscrupulous doctors wrote fraudulent prescriptions for fake patients. Compassionate billed Medicare for the fake patient visits and collected millions of dollars in Medicare payments over the course of several years. The fraudulent prescriptions were filled by individuals recruited by Compassionate at pharmacies that paid Compassionate kickbacks. Those drugs were then sold on the street, resulting in hundreds of thousands of opioid-based drugs being distributed onto the illegal drug market. Ashrafkhan was convicted of conspiracy to distribute controlled substances, conspiracy to commit healthcare fraud, and money laundering and was sentenced to 23 years of imprisonment.
The Sixth Circuit affirmed, rejecting a challenge to the jury instruction on “reasonable doubt.” The instruction stressed to the jury the need to base its decision on “the evidence or lack of evidence” and that a reasonable doubt was one that was “still standing” after all of the evidence had been considered.