United States Fifth Circuit

In a case related to defendant's involvement in filing fraudulent claims to recover from the Diet Drug Qualified Settlement Funds I and II set up to compensate victims of the diet drug Fen Phen, conviction and sentence for conspiracy and fraud are affirmed in part, vacated in part, and remanded where: 1) there was sufficient evidence to support the jury's verdict as to all counts; 2) the restitution award did not violate the Eighth Amendment; 3) the repayment schedule was proper; however 4) the case is remanded for recalculation of the restitution award consistent with the opinion.

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Judges

Court

• United States Fifth Circuit

Counsel