No. 23-716

Shawn Mark Henry v. United States

Lower Court: Fifth Circuit
Docketed: 2024-01-03
Status: Denied
Type: Paid
Response Waived
Tags: anti-kickback-statute criminal-intent federal-benefits federal-healthcare-benefits healthcare-fraud interstate-commerce mens-rea statutory-interpretation travel-act
Key Terms:
SocialSecurity
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Does the Anti-Kickback Statute require proof of knowledge of federal healthcare benefits?

Question Presented (from Petition)

QUESTIONS PRESENTED I. Does the Anti-Kickback Statute, 42 U.S.C. § 13820a-7(b)(1), require the government to prove that the defendant received remuneration for referring patients who the defendant knew received federal healthcare benefits? II. Is the mere use of the internet a sufficient interstate nexus to sustain a conviction under the Travel Act, 18 U.S.C. § 1952(a)?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-10
DISTRIBUTED for Conference of 2/16/2024.
2024-01-08
Waiver of right of respondent United States to respond filed.
2023-12-29

Attorneys

Shawn Henry
Franklyn Ray Mickelsen Jr.Broden & Mickelsen, Petitioner
Franklyn Ray Mickelsen Jr.Broden & Mickelsen, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent