Wednesday, February 12, 2014

United States v. Popov, No. 12-10045 (Feb. 11, 2014)(Lasnik, D.J., with Reinhardt and Watford).

"Doctor, Doctor, give me the news, I got a bad case of [over billing] you," or at least over billing Medicaid. The defendants appeal their convictions and sentence for health care fraud and health care fraud conspiracy in violation of 18 USC 1345 et seq. The 9th had no trouble affirming, finding evidence sufficient. The sentences were remanded however because of how loss was calculated. The court used the amount billed, while the defendants argued that it was the amount paid out. Usually the amount invoiced sets the loss, but it is rebuttable, especially if the defendants could argue that Medicaid never paid completely. The 9th remanded to allow the court to sort it out, and make findings if that was actually the case.


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