No. 21-8189

Serge Francois v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-06-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law constitutional-rights criminal-law ex-post-facto fraud managed-care network-application pharmacist-fraud pharmacy utilization-review
Key Terms:
SocialSecurity DueProcess Takings FifthAmendment Securities HealthPrivacy Privacy
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the Eleventh Circuit reversibly erred in affirming the conviction of a pharmacist for completing accurate pharmacy network applications with no false information or intent to commit fraud

Question Presented (OCR Extract)

QUESTIONS PRESENTED I Whether this Court should exercise its supervisory power over the Courts of the United States where the Eleventh Circuit reversibly erred in affirming the conviction where the pharmacist’s completion of applications to join a pharmacy network, that provided accurate answers, no false information, and no intent to commit fraud, was found to violate 18 U.S.C. 1035(a) and 843(a)(4)(A)? II Whether this Court should exercise its supervisory power over the Courts of the United States where the Eleventh Circuit reversibly erred in affirming the conviction where the pharmacist complied with the managed care utilization review process mandated in the Pharmacy-benefit with Express Scripts, Inc., and was that was a deviation from standards of pharmacy practice at the time of the alleged illegal conduct; or was this conviction a violation 17 U.S.C. 1347, an unconstitutional Ex Post Facto violation that deprived Francois of the rights conferred pursuant to Article 1, Section 9, Clause 3 and Amendment V of the United States Constitution? i

Docket Entries

2022-10-03
Petition DENIED.
2022-06-30
DISTRIBUTED for Conference of 9/28/2022.
2022-06-23
Waiver of right of respondent The United States of America to respond filed.
2022-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2022)

Attorneys

Serge Francois
Sheryl Joyce LowenthalAttorney at Law, Petitioner
Sheryl Joyce LowenthalAttorney at Law, Petitioner
The United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent