No. 20-1694

Gregory Molden v. United States

Lower Court: Fifth Circuit
Docketed: 2021-06-08
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure constitutional-rights criminal-procedure criminal-prosecution due-process fifth-amendment health-care-fraud medicare medicare-regulations regulatory-compliance
Key Terms:
SocialSecurity DueProcess FifthAmendment
Latest Conference: 2021-09-27
Related Cases: 20-1681 (Vide) 20-1692 (Vide)
Question Presented (AI Summary)

Is it a constitutional Fifth Amendment Due Process violation when a Health Care provider under the Federal Title XVIII Medicare Program is pursued by way of a 'Civil Disposition Path' as to alleged regulatory violations and is afforded a more 'Expansive Application of Constitutional Due Process Rights' totally based on compliance and or non-compliance with 'Federal Title XVIII Medicare Program Regulation'; while a similarly situated health care provider being 'Criminally Prosecuted' for parallel alleged criminal violations to wit: 'Health Care Fraud' under 18 U.S.C. § 1349; 'Receive and Pay Illegal Health Care Kickbacks' under 18 U.S.C. § 371 and 'Health Care Fraud' under 18 US.C. § 1847 and 2, in a 'Criminal Prosecution Path' is not afforded in a jury trial the ability to apply Federal Title XVIII Medicare Program Regulations in assessing a Government Testifying Medical Experts under Federal Rules of Evidence Rule 702, nor incorporate Federal Title XVIII Medicare Program Regulations into a jury charge nor apply recognized defenses (Safe Harbor) as dictated by the Regulations under the Federal Title XVIII Medicare Program

Question Presented (OCR Extract)

Question Presented below: QUESTION: Is it a constitutional Fifth Amendment Due Process violation when a Health Care provider under the Federal li QUESTIONS PRESENTED Continued Title XVIII Medicare Program is pursued by way of a “Civil Disposition Path” as to alleged regulatory violations and is afforded a more “Expansive Application of Constitutional Due Process Rights” totally based on compliance and or non-compliance with “Federal Title XVIII Medicare Program Regulation”; while a similarly saturated health care provider being “Criminally Prosecuted” for parallel alleged criminal violations to wit: “Health Care Fraud” under 18 U.S.C. § 1349; “Receive and Pay Illegal Health Care Kickbacks” under 18 U.S.C. § 371 and “Health Care Fraud” under 18 US.C. § 1847 and 2, in a “Criminal Prosecution Path” is not afforded in a jury trial the ability to apply Federal Title XVIII Medicare Program Regulations in assessing a Government Testifying Medical Experts under Federal Rules of Evidence Rule 702, nor incorporate Federal Title XVIII Medicare Program Regulations into a jury charge nor apply recognized defenses (Safe Harbor) as dictated by the Regulations under the Federal Title XVIII Medicare Program. QUESTION RESTATED Can you divorce Medicare Federal Regulations from a Criminal Trial predicated on the alleged Health Care Criminal Violation under the Federal Title XVIII Medicare Program.

Docket Entries

2021-10-04
Petition DENIED.
2021-06-16
DISTRIBUTED for Conference of 9/27/2021.
2021-06-11
Waiver of right of respondent United States to respond filed.
2021-06-03
Petition for a writ of certiorari filed. (Response due July 8, 2021)

Attorneys

Gregory Molden
William Todd HugheyThe Hughey Law, Petitioner
William Todd HugheyThe Hughey Law, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent