United States v. McTizic, No. 19-2829 (8th Cir. 2020)
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The Eighth Circuit affirmed defendant's conviction for conspiring to violate federal health care laws and eleven counts of health care fraud. Defendant's conviction stemmed from his involvement in a health care fraud scheme involving AMS, an entity that provided medical testing of blood, urine, and other specimens.
The court held that the evidence was sufficient to establish that defendant voluntarily and intentionally participated in the conspiracy with knowledge that his plan to receive kickback payments and defraud Medicare was unjustifiable and wrongful. In this case, the evidence of defendant's significant experience within the health care industry combined with his attempt to conceal the true terms of his agreement with AMS was enough for the jury to conclude he knew the arrangement was unjustifiable and wrongful when he knowingly became a part of the conspiracy.
Court Description: [Grasz, Author, with Loken and Arnold, Circuit Judges] Criminal case - Criminal law. The evidence was sufficient to support defendant's convictions for conspiracy to violate federal health care laws and eleven substantive counts of health care fraud; the evidence was sufficient to show defendant voluntarily and intentionally participated in the conspiracy with the knowledge that his plan to receive kickback payments and defraud Medicare was unjustifiable and wrongful
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