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: Defense Newsletter Blog

Ruan: Rejecting Numerous Challenges to Physicians' Convictions for Distributing Opioids

By Tim Cone

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In United States v. Ruan, No. 17-12653 (July 10, 2020) (Coogler (ND Ala.), Wilson, Newsom)), the Court, in a 137-page opinion, affirmed all but one the defendant doctors? numerous health-care/opioid related convictions.The Court found sufficient evidence to support convictions for unlawfully prescribing opioids, health care fraud conspiracy, conspiracy to receive kickbacks, mail/fraud wire fraud conspiracy, and RICO conspiracy. The government?s main expert witness for some of the counts revealed after testifying that he was suffering from early-onset dementia, but the defense could not show plain error because the defense did not ask for that to be disclosed to the jury and the expert was cross examined. The Court found insufficient evidence for one count of conspiracy to receive kickbacks because the government failed to prove the existence of a ?federal health care program? being defrauded...continue to full post

Full post as published by Defense Newsletter Blog on July 10, 2020 (boomark / email).

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