United States Third Circuit

A methadone clinic worker's conviction and sentence for health care fraud are reversed and vacated, respectively, where the government did not establish the elements of health care fraud in violation of 18 U.S.C. section 1347(2), as it failed to show any type of misrepresentation by defendant in connection with the delivery of, or payment for, health care benefits, items, or services.

Appellate Information

• Decided 12/28/2006
• Published 12/28/2006

Judges

• Before MCKEE and AMBRO, Circuit Judges, and RESTANI , Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lisa B. Freeland, Esquire, Federal Public Defender, Renee Pietropaolo, Esquire (Argued), Assistant Federal Public Defender, Karen S. Gerlach, Esquire, Office of Federal Public Defender, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Mary Beth Buchanan, Esquire, United States Attorney, Robert L. Eberhardt, Esquire (Argued), Executive Assistant United States Attorney Chief, Criminal Appeals, Laura S. Irwin, Esquire, Office of the United States Attorney, Pittsburgh, PA, for Appellee.