Civil Litigation,
Health Care & Hospital Law,
Administrative/Regulatory
Mar. 4, 2019
Government worried about proving intended loss in criminal health care cases
Three pending 9th Circuit decisions out of the Central District of California could alter how loss amounts are calculated for sentencing purposes.
Byron J. McLain
Partner
Foley & Lardner LLP
Phone: (213) 972-4780
Email: bmclain@foley.com
Harvard Univ Law School; Cambridge MA
Byron is a white collar defense and heath care litigation partner and recently served as the Health Care Fraud Coordinator in the Major Frauds Section at the U.S. attorney's office in Los Angeles and as an assistant United States attorney from July 2012 to November 2018.
Pamela Johnston
Partner
Foley & Lardner LLP
Email: pjohnston@foley.com
Pamela is the former chair and a member of the firm's Government Enforcement Defense & Investigations Practice, the Securities Enforcement & Litigation Practice, and the Health Care Industry Team."
Three criminal health care fraud-related cases are pending before the 9th U.S. Circuit Court of Appeals: United States v. Michael Mirando,17-50386 (J. Gould, Nguyen, Marbley) (argued Feb. 8, 2019) (16-CR-215-PA); United States v. Wijegoonaratna, 17-50255 (Gould, Nguyen, Owens) (argued Feb. 5, 2019) (14-CR-512-SJO-VAP-3); and United States v. Abdul King Garba and Queen Anieze-Smith, 16-...
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