United States Sixth Circuit

District court's conviction of a defendant for fraudulently overbilling Medicare, Medicaid, and several private insurance companies as an employee of a psychiatric medical practice, and a sentence of 12 months of probation and a restitution order in the amount of $822,459.21, are affirmed in part, vacated in part and remanded where: 1) defendant's challenge to the district court's deliberate-ignorance jury instruction is rejected; 2) defendant's ineffective assistance of counsel claim is dismissed as it was premature; 3) district court did not err in ordering defendant to pay restitution; 4) defendant failed to demonstrate that the district court plainly erred under the Due Process Clause when it entered the order of restitution against him; but 5) given certain irregularities, district court's order of restitution is vacated and remanded so that the court may properly rule on defendant's upcoding argument under Rule 32(i)(3)(B).

Appellate Information

• Argued 06/08/2010
• Decided 07/15/2010
• Published 07/15/2010

Judges

• GILMAN, J.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Kenneth P. Tableman, Carol M. Skutnik