JOSEPH REYES, AKA FAT JOE AND RICHARD DANIELS, AKA WAP, PETITIONERS,

v.

UNITED STATES.

Citator

Cited By

• United States v. Gonzalez, 834 F.3d 1206 (11th Cir. 2016)
  …existed to commit health care fraud under 18 U.S.C. § 1347; (2) Gonzalez knew of the conspiracy; and (3) Gonzalez knowingly and voluntarily joined it. See United States v. Moran, 778 F. 3d 942, 960 (11th Cir.), cert. denied, — U.S.-, 136 S.Ct. 268, 193 L.Ed.2d 196 (2015). “[I]n a health care fraud case, the defendant must be shown to have known that the claims submitted were, in fact, false.” United States v. Medina, 485 F. 3d 1291, 1297 (11th Cir. 2007). A person makes a false claim if the treatments that we…
• United States v. Keyiona Marvette Wright, 862 F.3d 1265 (11th Cir. 2017)
  …need only make a reasonable estimate of the loss, given the available information.” United States v. Moran, 778 F. 3d 942, 973 (11th Cir.) (internal quotation marks omitted), cert. denied sub nom. Huarte v. United States, — U.S. -, 136 S.Ct. 268, 193 L.Ed.2d 196 (2015). However, there must be at least some evidence on which to base a reasonable estimate of how many remaining PII fell within the definition of an “access device” in order to trigger the $500 multiplier and to exceed the $3,500,000 loss thresh…
• United States v. Bergman, 852 F.3d 1046 (11th Cir. 2017)
  …and 1349. Section 1349 “makes it unlawful to attempt or conspire to commit a § 1347 crime of health care fraud.” United States v. Moran, 778 F. 3d 942, 960 (11th Cir. 2015), cert. denied sub nom. Huarte v. United States, — U.S. -, 136 S.Ct. 268, 193 L.Ed.2d 196 (2015). Section 1347 makes it unlawful to “knowingly and willfully” engage in a scheme (1) “to defraud any health care benefit program” or (2) to use false pretenses to obtain money from “any health care benefit program,” “in connection with the de…