5th Circ. Says US Botched $43M Medicare Fraud Calculation

Law360, New York (December 21, 2012, 5:48 PM EST) -- The Fifth Circuit on Thursday vacated a lower court’s $43 million judgment in a Medicare fraud suit after finding the figure exceeded insurers’ actual losses, which the defendants argued were less than half that amount.

The appeals court determined the U.S. Probation Office “went astray” in preparing presentence investigation reports against husband-and-wife physicians Arun and Kiran Sharma — who pled guilty to a scheme in which they billed health care providers for injections they never administered — that led to a judgment of $43 million in...
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