Menendez-Connected Eye Doc Asks 11th Circ. For New Trial

Law360, Miami (February 14, 2020, 7:14 PM EST) -- A Florida ophthalmologist who escaped corruption charges alongside his longtime friend U.S. Sen. Bob Menendez, D-N.J., fought his Medicare fraud conviction Friday, telling the Eleventh Circuit that the district court should never have allowed prosecutors to show jurors an "outrageous" chart comparing the doctor to his alleged peers.

Kirk Ogrosky, who represents ophthalmologist Salomon Melgen, told the appellate panel that the peer comparison chart showing Melgen as an outlier among his peers with regard to billing for certain eye procedures was inadmissible and was improperly allowed in toward the end of the prosecution's case against Melgen, who was accused of overbilling...

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