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In the Courts

By ALM Staff | Law Journal Newsletters |

Fifth Circuit Adopts Approach of Sister Circuit For Assessing Medicare/Medicaid Fraud Loss Calculation

On March 7, 2011, in United States v. Isiwele, No. 10-40347, the United States Court of Appeals for the Fifth Circuit, in an opinion authored by Judge Carolyn Dineen King, affirmed the district court convictions of Enitan Osagie Isiwele on 16 counts of health care fraud and a single count of conspiracy to pay illegal remunerations, but vacated his corresponding sentence. As the Fifth Circuit held that the fixed allowances provided by Medicare/Medicaid provided the proper basis for calculating the loss amount under the U.S. Sentencing Guidelines, the court remanded the case for resentencing on these limited grounds.

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