United States Sixth Circuit

In a matter involving a scheme to supply oxygen to coal miners suffering from black lung disease, husband and wife's convictions for aiding and abetting Medicare fraud and obstruction of a criminal investigation involving federal healthcare offenses are affirmed over claims that the trial court erred in: 1) excluding evidence that oxygen received by certain miners named in the indictment was medically necessary; 2) limiting cross-examination of a prosecution witness with regard to bias; 3) handling an exhibit in a way that emphasized certain portions of the material; 4) responding to a jury question with supplemental instructions; 5) permitting husband-defendant to proceed throughout trial without separate counsel; and 6) denying him a directed verdict on counts of aiding and abetting health care fraud.

Appellate Information

• Decided 06/22/2007
• Published 06/22/2007

Judges

• Before:  KENNEDY, BATCHELDER, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph R. Lane, Pillersdorf, DeRossett & Lane, Prestonsburg, Kentucky, Brenda Popplewell, Brenda Popplewell, Attorney at Law, Somerset, Kentucky, for Appellants.  Erin J. May, Assistant United States Attorney, Lexington, Kentucky, for Appellee.   ON BRIEF:  Ned B. Pillersdorf, Pillersdorf, DeRossett & Lane, Prestonsburg, Kentucky, Janet L. Stumbo, Van Lear, Kentucky, for Appellants.  Erin J. May, Charles P. Wisdom, Jr., Assistant United States Attorneys, Lexington, Kentucky, for Appellee.