Summary
concluding that the defendants, officers and majority shareholders of a Medicare services provider, were entitled to resentencing without the abuse-of-trust enhancement because a Medicare-funded care provider does not occupy a position of trust vis-à-vis Medicare
Summary of this case from U.S. v. HayesOpinion
No. 96-8594.
September 1, 1998.
Appeal from the United States District Court for the Southern District of Georgia (No. CR295-42), B. Avant Edenfield, Judge.
Frank G. Smith, III, Randall L. Allen, William R. Mitchelson, Alston Bird, Atlanta, GA, James Alan Welch, First American Health Care of Georgia, Inc., Brunswick, GA, for ABC Home Health Care of Georgia, Inc.
Harry D. Dixon, U.S. Atty., Thomas A. Withers, Asst. U.S. Atty., Savannah, GA, Christopher L. Varner, Thomas M. Gannon, U.S. Dept. of Justice, App. Section, Crim. Div., Washington, DC, for United States.
James K. Jenkins, W. Bruce Maloy, Maloy Jenkins, Atlanta, GA, for R. Mills.
John J. Ossick, Jr., Kingsland, GA, Scott Srebnick, Miami, FL, for M. Mills.
Before HATCHETT, Chief Judge, and EDMONDSON and COX, Circuit Judges.
The court sua sponte grants rehearing to make the following change to the opinion published at 138 F.3d 928.
The following text, published at 138 F.3d at 931-32, is deleted:
First American rounded out the scheme in 1991 meetings with Aetna auditors about documentation; there, Jack and First American's counsel, Wayne Phears, denied knowing of "breaker flights" [5] and indeed berated Aetna for not trusting First American's records.
One such flight to Cozumel the week before the meeting carried both Jack and Phears.
The deleted text is replaced with the following:
In 1991 meetings with Aetna auditors about documentation, Jack and First American's counsel, Wayne Phears, denied knowing of unreported flights [5] and indeed berated Aetna for not trusting First American's records.
An unreported flight to Cozumel the week before the meeting carried both Jack and Phears.
In all other respects the published opinion remains unchanged. The petitions of the United States, Margie Mills, and Jack Mills for panel rehearing are DENIED.
OPINION MODIFIED ON REHEARING; PETITION FOR PANEL REHEARING DENIED.