No. 22-6653

Jayson Montgomery v. United States

Lower Court: Sixth Circuit
Docketed: 2023-01-27
Status: Denied
Type: IFP
IFP
Tags: anti-kickback-statute circuit-split controlled-substances-act criminal-law due-process healthcare-fraud intent ruan-v-united-states subjective-intent
Key Terms:
SocialSecurity Privacy ClassAction
Latest Conference: 2023-06-01
Related Cases: 22-685 (Vide)
Question Presented (AI Summary)

Does the government need to prove subjective intent for anti-kickback statute violations?

Question Presented (OCR Extract)

QUESTION PRESENTED To convict a defendant of violating the anti-kickback statute, is the government required to establish that the accused intended to engage in unlawful conduct? In this matter, arising from alleged healthcare fraud, conspiracy, and violations of the anti-kickback statute, the courts below found intent based on an objective, not subjective, intent standard. Regarding a provision similar to healthcare fraud prohibitions, this Court recently determined in Ruan v. United States, 213 L. Ed. 2d 706, 142 S. Ct. 2370 (2022) that the government must prove subjective intent to commit an unlawful act in order to sustain a conviction under the Controlled Substances Act. The prior rulings in this case, then, are in clear conflict with Ruan.

Docket Entries

2023-06-05
Petition DENIED.
2023-05-16
DISTRIBUTED for Conference of 6/1/2023.
2023-05-15
Reply of petitioner Jayson Montgomery filed. (Distributed)
2023-03-17
Motion to extend the time to file a response is granted and the time is further extended to and including April 26, 2023.
2023-03-16
Motion to extend the time to file a response from March 29, 2023 to April 26, 2023, submitted to The Clerk.
2023-02-24
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2023.
2023-02-22
Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
2023-01-20
2022-11-16
Application (22A433) granted by Justice Kavanaugh extending the time to file until January 20, 2023.
2022-11-10
Application (22A433) to extend the time to file a petition for a writ of certiorari from November 23, 2022 to January 20, 2023, submitted to Justice Kavanaugh.

Attorneys

Jayson Montgomery
Robert Dee HobbsBell & Hobbs, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent