United States Fifth Circuit

Sentences and restitution orders imposed on defendants for health care fraud are vacated where, for purposes of a loss enhancement determination, the government failed to meet its burden of proof to establish the amount of loss suffered by Medicare as a result of defendants' criminal behavior.

Appellate Information

• Decided 01/16/2007
• Published 01/16/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Josette Louise Cassiere, Asst. U.S. Atty. (argued), Shreveport, LA, for U.S., G. Fred Metos, Salt Lake City, UT, for Jones., Amy M. Adelson (argued), Dershowitz, Eiger, Adelson, New York City, Thomas S. Crane, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Boston, MA, for Clark.