Serge Francois v. United States
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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
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