United States v. Bikundi, No. 16-3066 (D.C. Cir. 2019)Annotate this Case
The DC Circuit affirmed defendants' convictions and sentences for health care fraud, conspiracy to commit health care fraud, money laundering, and conspiracy to commit money laundering. The court rejected statutory and constitutional speedy trial claims. The court also held that the district court abused its discretion in denying severance; even assuming a Rule 16 violation, defendants failed to establish the requisite prejudice to their substantial rights for the court to conclude that the district court abused its discretion by not excluding Exhibit 439; the evidence was sufficient to convict defendants; and challenges to the unanimity and aiding-and-abetting instructions rejected on plain error review.
The court also held that the district court properly concluded that the $80.6 million in payments from D.C. Medicaid to Global constituted loss under the Mandatory Victims Rights Act; the district court did not plainly violate the Excessive Fines Clause by ordering forfeitures without considering defendants' ability to pay them; and the district court did not abuse its discretion by imposing four sentencing enhancements for committing crimes involving a loss of approximately $80 million, abusing positions of trust, playing a managerial role in the crimes, and violating an administrative order.