Gregory Molden v. United States
SocialSecurity DueProcess FifthAmendment
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 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.