health-care-fraud
13 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-574 | Ron K. Elfenbein v. United States | Fourth Circuit | 2025-11-13 | Denied | Amici (1)Response Waived | criminal-conviction false-representation health-care-fraud medical-billing statutory-interpretation upcoding | When an allegedly false statement is premised on an ambiguous rule open to multiple reasonable interpretations, can the government secure a defendant'… |
| 25-5965 | Samson Kanla Orusa v. United States | Sixth Circuit | 2025-10-27 | Rehearing | Response WaivedRelisted (2)IFP | circuit-split controlled-substance-prescription health-care-fraud jury-instruction medical-purpose subjective-knowledge | I. Whether the district court's erroneous instructions regarding what constitutes criminal liability under 21 U.S.C. section 841 (illegal distribution… |
| 23-1293 | United States, ex rel. Adam Hart, et al. v. McKesson Corporation, et al. | Second Circuit | 2024-06-11 | Denied | Response RequestedResponse WaivedRelisted (2) | anti-kickback-statute circuit-split criminal-intent criminal-law federal-health-care-program health-care-fraud mens-rea statutory-interpretation willful-conduct | To act 'willfully' within the meaning of the Anti-Kickback Statute, must a defendant know that its conduct violates the law? |
| 22-403 | Frances Endencia v. American Psychiatric Association, et al. | Seventh Circuit | 2022-10-31 | Denied | Response Waived | 18-usc-1347 42-usc-1983 administrative-review civil-rights civil-rights-violation health-care-fraud license-suspension medical-records-sharing psychiatric-diagnosis stigma unemployment | Is the American Psychiatric Association's design and training of students to rewrite complaints into psychiatric disorders, with the goal of altering … |
| 21-1063 | Elaine Davis v. United States | Fifth Circuit | 2022-02-01 | Denied | Response Waived | conspiracy criminal-acquittal due-process fifth-amendment health-care-fraud presumption-of-innocence statutory-interpretation unjust-compensation unjust-conviction-and-imprisonment | Whether 28 U.S.C. § 2513's requirement that a defendant acquitted because of insufficient evidence must affirmatively disprove the factual allegations… |
| 20-8414 | Cynthia Stiger v. United States | Fifth Circuit | 2021-06-24 | Denied | Response WaivedIFP | alternate-jurors bias circuit-split criminal-procedure due-process health-care-fraud judicial-discretion juror-bias jury-selection restitution-liability supervised-release | Did the Fifth Circuit err in holding that the district court did not abuse its discretion in refusing to strike a juror during trial based on perceive… |
| 20-1694 | Gregory Molden v. United States | Fifth Circuit | 2021-06-08 | Denied | Response Waived | civil-procedure constitutional-rights criminal-procedure criminal-prosecution due-process fifth-amendment health-care-fraud medicare medicare-regulations regulatory-compliance | Is it a constitutional Fifth Amendment Due Process violation when a Health Care provider under the Federal Title XVIII Medicare Program is pursued by … |
| 20-1692 | Henry Evans v. United States | Fifth Circuit | 2021-06-07 | Denied | Response Waived | administrative-law criminal-procedure criminal-prosecution expert-testimony health-care-fraud healthcare-fraud medicaid medicare medicare-regulations statutory-interpretation | Whether Medicare regulations are controlling in a criminal prosecution under 18 U.S.C. § 1347 |
| 20-6555 | Solomon Manamela v. Warden, Fort Dix FCI | Third Circuit | 2020-12-07 | Denied | Response WaivedIFP | 18-uscs-1347 18-uscs-24(b) civil-procedure civil-rights due-process health-care-fraud jurisdiction pennsylvania-public-welfare-code standing state-created-danger statutory-interpretation | Whether affirmative evidence exists to establish Congress' intention under 18 USCS §24(b) to find City of non-medical family support service provider … |
| 19-1407 | Mercy O. Ainabe v. United States | Fifth Circuit | 2020-06-24 | Denied | Response Waived | corporate-entities health-care-claims health-care-fraud loss-calculation medicare medicare-fraud relevant-conduct sentencing-guidelines victim-definition | Whether Medicare beneficiaries are 'victims' for purposes of sentencing enhancements |
| 19-8133 | Jorge A. Martinez v. United States | Sixth Circuit | 2020-03-31 | Dismissed | Response WaivedIFP | but-for-causation causation constitutional-rights conviction-notice criminal-conviction criminal-law due-process health-care-fraud judicial-notice statutory-interpretation | Whether the 'but-for' test of general causation is synonymous to the statutorial element of actual causation |
| 19-5975 | Juan Jose Tull-Abreu v. United States | First Circuit | 2019-09-17 | Denied | Response WaivedIFP | aggravated-identity-theft compulsory-process confrontation-clause conspiracy controlled-substances controlled-substances-act criminal-law criminal-procedure due-process fourteenth-amendment health-care-fraud identity-theft sixth-amendment | Whether the petitioner participated in a conspiracy to commit health care fraud |
| 18-7778 | Mikhail Zemlyansky v. United States | Second Circuit | 2019-02-05 | Denied | Response WaivedIFP | collateral-estoppel criminal-procedure double-jeopardy evidence-reintroduction health-care-fraud jury-acquittal jury-trial prosecutorial-strategy RICO rico-conspiracy | Whether the district court violated the collateral estoppel component of the double-jeopardy clause by allowing the government to reintroduce its enti… |