United States Second Circuit

Conviction and sentence for conspiracy, mail fraud, wire fraud, making false statements in connection with health care matters, health care fraud, witness tampering, and making false statements to the FBI are vacated as to the insurance fraud counts where: 1) the district court erred in admitting lay opinion testimony regarding defendant's and other's knowledge of the fraud; and 2) these errors were not harmless.

Appellate Information

• Decided 04/11/2007
• Published 04/11/2007

Judges

• FEINBERG, Circuit Judge:, Before:  FEINBERG, LEVAL, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Zachary Margulis-Ohnuma, New York, New York, for Defendant-Appellant., Miriam E. Rocah, Assistant United States Attorney, (Michael J. Garcia, United States Attorney, Timothy Treanor and Jonathan S. Kolodner, Assistant United States Attorneys, on the brief), United States Attorney's Office for the Southern District of New York, for Appellee.