http://www.lexisnexis.com/mealeys/news.aspx Headline Insurance Fraud Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Jan. 13 upheld a ruling requiring a neurologist who pleaded guilty to one count of health care fraud and one count of unlawful distribution of controlled substances to pay $15 million in restitution in addition to his five-year prison sentence, holding that the presentence investigation report (PSI) contained sufficient information about the amount of loss that occurred as a result of the defendant's scheme (United States v. Rassan M. Tarabein, No. 18-13743, 11th Cir., 2020 U.S. App. LEXIS 1023). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 7 upheld the conviction of a cardiologist accused of health care fraud for implanting unnecessary pacemakers in more than 50 patients, holding that a federal judge in Kentucky did not err when allowing testimony from a doctor who testified that the device was not necessary for more 20 unnamed patients (United States v. Anis Chalhoub, M.D., No. 18-6180, 6th Cir., 2020 U.S. App. LEXIS 572). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 9 upheld the convictions and sentences of two investors who operated three clinics that submitted fraudulent bills to private insurers for services provided to patients purportedly injured in staged automobile accidents, finding that the evidence presented by the government was sufficient to support the jury's verdict (United States v. David Sosa-Baladron, et al., Nos. 17-1987, 17-2032, 6th Cir., 2020 U.S. App. LEXIS 876). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 6 upheld a podiatrist's 24-month prison sentence and order requiring him to pay $83,252.63 in restitution, finding that the evidence presented during a trial support the conviction and that a federal judge in Tennessee did not err when calculating the amount of loss (United States v. John J. Cauthon, No. 18-5613, 6th Cir., 2020 U.S. App. LEXIS 393). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' HOUSTON - A federal judge in Texas on Dec. 31 denied motions to dismiss filed by a doctor as well as the owners of a clinic where the doctor performed procedures on patients who were allegedly injured in automobile accidents, finding that State Farm Mutual Automobile Insurance Co. and an affiliate sufficiently stated a claim against the doctor under the Racketeer Influenced and Corrupt Organizations Act and claims for money had and received (State Farm Mutual Automobile Insurance Co. v. Nooruddin S. Punjwani, et al., No. H-19-1491, S.D. Texas, 2019 U.S. Dist. LEXIS 223054). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CEDAR RAPIDS, Iowa - A federal judge in Iowa on Jan. 17 sentenced a doctor to two months in prison and ordered him to pay $117,199.32 in restitution after he pleaded guilty to making false statements to federal investigators over his upcoding of claims he submitted to Medicare and Medicaid for the treatment of patients in nursing homes (United States v. Joseph X. Latella, No. 19cr3030, N.D. Iowa). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NORFOLK, Va. - A psychiatrist was sentenced to 27 months in prison and ordered to pay $465,942 in restitution by a federal judge in Virginia on Jan. 16 after the defendant pleaded guilty in September to one count of health care fraud for submitting false bills to Medicare, Medicaid and other insurers (United States v. Udaya Shetty, No. 19-cr-89, E.D. Va.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A Second Circuit U.S. Court of Appeals panel on Jan. 13 affirmed a man's conviction and 30-month prison sentence for a scheme involving stranger-obtained life insurance (STOLI) policies, finding that a federal judge in Connecticut did not err by refusing to suppress evidence from search warrants and that decisions extending time to the defendant did not violate the Speedy Trial Act (United States v. Wayne Bursey, et al., No. 19-70-cr, 2nd Cir., 2020 U.S. App. LEXIS 1350). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A federal judge in Florida on Dec. 20 granted in part a motion for summary judgment filed by the Government Employees Insurance Co. (GEICO) and its affiliates in a suit accusing a clinic of submitting false bills for physical therapy services, finding that the insurer is entitled to a declaration stating that it is not required to pay outstanding bills for services that were fraudulently upcoded and provided by unqualified individuals (Government Employees Insurance Co., et al. v. Quality Diagnostic Health Care Inc., et al., No. 18-20101-CIV-MARTINEZ/OTAZO-REYES, S.D. Fla., 2019 U.S. Dist. LEXIS 220674). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A pharmacy and its two owners filed a notice of appeal in New York federal court on Jan. 17, stating that they will ask the Second Circuit U.S. Court of Appeals to review a federal judge's Jan. 16 ruling that stayed pending collection arbitration actions and barred the filing of any future state court collection actions against an insurer that is accusing them of submitting claims under New York's no-fault law for medically unnecessary pain medications (Government Employees Insurance Co., et al. v. Wellmart RX Inc., et al., No. 19-CV-04414, E.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A federal magistrate judge in Florida on Dec. 20 recommended granting a petition to enforce a subpoena that seeks the deposition of a Miami-based business owner, finding that his testimony could be relevant to a lawsuit brought by State Farm Mutual Automobile Insurance Co. in federal court in New York against 20 defendants accused of submitting false claims for no-fault benefits because the defendants sent him large sums of money during the alleged scheme (State Farm Mutual Automobile Insurance Co. v. Vladimir Maistrenko, No. 19-MC-20850-SCOLA-TORRES, S.D. Fla., 2019 U.S. Dist. LEXIS 221150). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEWARK, N.J. - A lawsuit brought by two doctors challenging the constitutionality of the New Jersey Insurance Fraud Prevention Act (IFPA) was dismissed Jan. 7 by a federal judge in New Jersey after he found that the plaintiffs lacked standing under Article III of the U.S. Constitution (Harshad Patel M.D., et al. v. Richard Crist, et al., No. 19-8946, D. N.J., 2020 U.S. Dist. LEXIS 2111). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A California appeals court panel on Dec. 23 affirmed a ruling denying a lawyer and law firm's motion to strike allegations brought against them by Allstate Insurance Co. over an alleged insurance fraud scheme, finding that demand letters sent by the defendants to the insurer are not protected activity under California law (People of the state of California, ex rel. Allstate Insurance Co. v. Kelly L. Casado, et al., No. B288742, Calif. App., 2nd Dist., 7th Div., 2019 Cal. App. Unpub. LEXIS 8572). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - An otolaryngologist on Dec. 19 entered into an agreement with the federal government to pay $1.1 million to resolve allegations that he violated the False Claims Act when paying kickbacks and submitting fraudulent claims for medically unnecessary allergy tests and other services, the U.S. Department of Justice (DOJ) announced Jan. 20. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%201%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Dec. 16 affirmed a doctor's conviction for one count of conspiracy to commit health care fraud and five counts of health care fraud for submitting false bills for treatment of five elderly patients with dementia, as well as a federal judge's decision to sentence him to 150 months in prison, holding that the evidence presented during trial was sufficient (United States v. Riyaz Mazkouri, No. 18-20650, 5th Cir., 2019 U.S. App. LEXIS 37167). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%202%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - A Pennsylvania federal magistrate judge on Dec. 2 mostly granted a motion by Aetna Inc. to compel a neonatal health services provider to provide discovery of a electronically stored information (ESI) from broader search terms and a larger roster of custodians, deeming most of the information sought relevant and proportionate to the fraud claims against the company (Aetna Inc., et al. v. Mednax Inc., et al., No. 2:18-cv-02217, E.D. Pa., 2019 U.S. Dist. LEXIS 206984). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%203%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' LEXINGTON, Ky. - Two indictments filed under seal on Dec. 6 in Kentucky federal court and unsealed Dec. 12 charge 10 former National Football League players with participating in a nationwide health care fraud scheme that resulted in the submission of $3.9 million in fraudulent claims to the Gene Upshaw NFL Player Health Reimbursement Account Plan between June 2017 and December 2018 and $3.4 million in payouts (United States v. Correll Buckhalter, et al., No. 19-cr-205, United States v. Robert McCune, et al., No. 19-cr-206, E.D. Ky.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%204%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - The U.S. Department of Justice (DOJ) announced Nov. 19 that the owner of a behavioral health clinic pleaded guilty Nov. 18 in Missouri federal court to one count of making false statements regarding a health care matter for billing Missouri Medicaid for services that were provided for a patient who was deceased at the time (United States v Naim Muhammad, No. 18cr307, E.D. Mo.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%205%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' OKLAHOMA CITY - An insurance company that reimbursed a former orthopedic surgeon for services that assisted him with activities of daily living (ADLs) has sufficient evidence to pursue claims for fraud and deceit against the insured and his caregiver, a federal judge in Oklahoma ruled Dec. 17 in denying the defendants' motion for partial summary judgment, holding that the record shows that the defendants created a payment mechanism that misrepresented how the payment of the insured's claims were being distributed (Allianz Life Insurance Co. of North America v. Gene L. Muse, et al., No. CIV-17-1361-G, W.D. Okla., 2019 U.S. Dist. LEXIS 217444). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%206%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Dec. 5 denied an insurer's motion to reconsider a ruling finding that an ambulatory services provider's arbitration proceedings against the company trigger personal jurisdiction over the insurer's fraud and unjust enrichment claims, holding that New York's no-fault law allows the insured to attempt to collect unpaid claims through arbitration (Allstate Insurance Co., et al. v. Sangwoo Mah, et al., No. 19-cv-2866, E.D. N.Y., 2019 U.S. Dist. LEXIS 209836). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%207%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' FLINT, Mich. - Two therapists and two clinics accused of engaging in a scheme to submit fraudulent bills to State Farm Mutual Automobile Insurance Co. can pursue a counterclaim for defamation, a federal judge in Michigan ruled Dec. 2, finding that communications the insurer had with the defendants' patients could support the cause of action (State Farm Mutual Automobile Insurance Co. v. Max Rehab Physical Therapy LLC, et al., No. 18-13257, E.D. Mich., 2019 U.S. Dist. LEXIS 207001). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%208%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' BUFFALO, N.Y. - A federal magistrate judge in New York on Nov. 26 recommended granting a motion for a preliminary injunction that would stay arbitration proceedings brought by two doctors and a clinic accused by the Government Employees Insurance Co. (GEICO) and its affiliates of submitting fraudulent bills for no-fault insurance coverage, explaining that the insurer would be irreparably harmed if it was required to make payments on claims with questionable accuracy (Government Employees Insurance Co., et al. v. Mikhail Strut M.D., et al., No. 19-CV-728, W.D. N.Y., 2019 U.S. Dist. LEXIS 205801). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%209%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' PITTSBURGH - An insurance company seeking reimbursement of payments it made to a man who allegedly misrepresented his status of being fully disabled sufficiently stated a claim under Pennsylvania's Insurance Fraud Statute, a federal judge in Pennsylvania ruled Nov. 25 in denying the man's motion to dismiss the claim (Axis Insurance Co. v. Michael Franitti, No. 19-85, W.D. Pa., 2019 U.S. Dist. LEXIS 203918). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2010%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' KALAMAZOO, Mich. - A federal judge in Michigan on Dec. 3 refused a to vacate a man's 87-month prison sentence after he was convicted by a federal jury on charges of health care fraud and mail fraud, finding that he received effective assistance of counsel (United States v. Antonio Martinez-Lopez, No. 16-CR-62, W.D. Mich., 2019 U.S. Dist. LEXIS 207544). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2011%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SANTA ANA, Calif. - An insurer's lawsuit accusing a number of substance abuse treatment centers of common-law fraud, violation of California' unfair competition law (UCL) and other claims can proceed in state court, a federal judge in California ruled Nov. 13, holding that the plaintiff company's claims are not preempted by the Employee Retirement and Income Security Act (Health Net Life Insurance Co. v. Morningside Recovery LLC, et al., No. 19-cv-1342, C.D. Calif., 2019 U.S. Dist. LEXIS 197937). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2012%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - A Georgia appeals panel on Nov. 15 refused to vacate a man's guilty plea to a charge under the Racketeer Influenced and Corrupt Organizations Act for his role in an insurance fraud scheme, finding that the record does not support his argument that the trial court judge threatened him into entering the plea (Alfonza McKeever Jr. v. State, No. A19A1417, Ga. App., 2019 Ga. App. LEXIS 681). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2013%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - The U.S. Justice Department on Dec. 17 intervened in a whistleblower lawsuit alleging that long-term care pharmacy Omnicare Inc. fraudulently refilled prescriptions without physician authorization, sometimes for years (United States, et al, ex rel. Uri Bassan v. Omnicare, Inc., No. 15-4179, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%201%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEWARK, N.J. - A federal judge in New Jersey on Oct. 28 denied motions to dismiss filed by three anesthesiologists accused by the Government Employees Insurance Co. (GEICO) and its subsidiaries of submitting $5.2 million in false bills for medically unnecessary procedures for patients involved in automobile accidents, holding that the company's allegations satisfy the requirements for Federal Rule of Civil Procedure 9(b) (Government Employees Insurance Co., et al. v. Ningning He, et al., No. 19cv9465, D. N.J., 2019 U.S. Dist. LEXIS 187047). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%202%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Oct. 25 dismissed a lawsuit brought by Allstate Insurance Co. and its affiliates against a New Jersey ambulatory services provider accused of submitting fraudulent bills for reimbursement under New York's no-fault insurance law, holding that the fact that New York residents were treated at the facility and that bills were sent to the insurer's New York office does not provide the basis for jurisdiction (Allstate Insurance Co., et al. v. Sangwoo Mah, et al., No. 19-cv-2866, E.D. N.Y., 2019 U.S. Dist. LEXIS 185748). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%203%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Nov. 7 denied a man's motions for a judgment of acquittal and new trial, finding that evidence presented by the government sufficiently supported a jury's finding that he engaged in conspiracy and mail fraud as part of a slip-and-fall insurance fraud scheme (United States v. Bryan Duncan, et al., No. 18-cr-289, S.D. N.Y., 2019 U.S. Dist. LEXIS 193839). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%204%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Oct. 18 allowed a relator in a False Claims Act (FCA) suit brought against his former employer to amend his allegations that the company's CEO violated the California Insurance Fraud Prevention Act (IFPA) when the company submitted claims to Medicare and other private insurers for medically unnecessary cardiovascular tests, finding that the man can include inferences that the insurers would not have paid for the tests had they known that they were not necessary (United States, ex rel. Bryan Barnette v. CardioDX Inc., et al., No. 15-cv-01339-WHO, N.D. Calif., 2019 U.S. Dist. LEXIS 181015). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%205%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' TULSA, Okla. - The U.S. Attorney's Office for the Northern District of Oklahoma said in a Nov. 8 press release that a Kentucky podiatrist agreed to pay $65,404 for paying illegal kickbacks to a compounding pharmacy in violation of the False Claims Act (FCA). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%206%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' GREENEVILLE, Tenn. - A federal judge in Tennessee on Oct. 22 adopted a magistrate judge's order to deny transfer of a criminal action brought by the federal government against individuals who deceived patients and doctors into requesting prescription medications and pharmacies that misrepresented the purchase prices of the drugs, finding that the case should remain in Tennessee because a majority of the counts against the defendants involve the use of the U.S. mail in Tennessee (United States v. Andrew Assad, et al., No. 18-cr-140, E.D. Tenn., 2019 U.S. Dist. LEXIS 182170). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%207%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' MISSOULA, Mont. - The federal government presented sufficient evidence showing that a man intentionally misrepresented to the Social Security Administration that his health was improving to continue to receive disability benefits, a federal judge in Montana ruled Nov. 5 in denying a man's motion for acquittal or new trial (United States v. John Cicero Hughes, No. CR 18-38-M-DLC, D. Mont., 2019 U.S. Dist. LEXIS 192130). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%208%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SANTA ANA, Calif. - A California appeals court panel on Nov. 8 found that while a trial court judge's decision to admit evidence regarding a 2009 incident in which a police officer injured his right hand while on duty was erroneous, it does not warrant vacating the officer's conviction for insurance fraud because the error was not prejudicial (People v. Ryan Patrick Natividad, No. G055248, Calif. App., 4th Dist., 3rd Div., 2019 Cal. App. Unpub. LEXIS 7451). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%209%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A trial attorney's failure to raise the youth factors argument in two U.S. Supreme Court rulings and one California Supreme Court case following a man's conviction on two counts of insurance fraud did not constitute ineffective assistance of counsel, a California appeals panel ruled Nov. 13, finding that the contents of the presentence report prepared by the prosecution showed the defendant's history of failing to comply with probation and post-sentence requirements (People v. Lamont James, Nos. A155627, A157772, Calif. App., 1st Dist., 2nd Div., 2019 Cal. App. Unpub. LEXIS 7507). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2010%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW HAVEN, Conn. - A federal judge in Connecticut on Oct. 30 sentenced a rheumatologist to 37 months in prison followed by two years of supervised release and ordered him to pay $894,789 in restitution after he pleaded guilty to fraudulently billing Connecticut Medicaid for the rheumatoid arthritis medication Remicade (United States v. Crispin Abarientos, No. 19cr171, D. Conn.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=26-6%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Fraud%2011%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' AUGUSTA, Ga. - A man and his marketing company were indicted in federal court in Georgia on Nov. 7 for engaging in a scheme in which they paid illegal kickbacks to workers who solicited elderly patients for medically unnecessary genetic testing that was then fraudulently billed to Medicare (United States v. Patrick Siado, et al., No. 19-cr-149, S.D. Ga.).