United States Fifth Circuit

Defendant's sentence for conspiracy to commit health care fraud and conducting a financial transaction with criminally derived property valued at over $10,000 is affirmed in part where: 1) defendant's position and authority as owner of a licensed durable medical equipment provider involved the type of complex, situation-specific decisionmaking that was given considerable deference precisely because it could not be dictated entirely by, or monitored against, established protocol; and 2) although the omitted financial data at issue may not have had any actual effect on defendant's fine or restitution amounts, it was certainly the kind of information that would tend to influence those determinations. However, the sentence is vacated in part where the court of appeals lacked certainty on the present record that the district court actually found defendant to have willfully omitted information.

Appellate Information

• Decided 05/13/2010
• Published 05/13/2010

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before GARWOOD, SMITH, and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel