Undisclosed Letter Dooms Doc's Fraud Conviction At 6th Circ.

Law360 (March 6, 2020, 11:13 PM EST) -- The Sixth Circuit has ruled that a cardiologist convicted of defrauding insurers and the government was deprived of his constitutional rights before trial when a Kentucky federal judge barred prosecutors from handing over exculpatory evidence and prosecutors complied.

The three-judge panel's Thursday ruling concerns Richard Paulus, a cardiologist who was accused of undertaking medically unnecessary heart procedures and billing Medicare, Medicaid and private insurers for them. Paulus, who had been serving a 60-month prison sentence since June, was released Friday evening. Prosecutors now will need to decide whether to retry Paulus.

Prosecutors had argued at trial that a large percentage of...

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