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UNITED STATES v. BERDICK

No. 77-5011 Summary Calendar.

555 F.2d 1329 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth BERDICK, M. D., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 9, 1977.

Attorney(s) appearing for the Case

Max B. Kogen, Geoffrey C. Fleck, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Charles O. Farrar, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

PER CURIAM:

Appellant Kenneth Berdick, a medical doctor, was convicted by a jury on 41 counts of knowingly making false, fictitious and fraudulent statements regarding material facts in a matter within the jurisdiction of the Department of Health, Education and Welfare and the Social Security Administration, in violation of 18 U.S.C. § 1001. Overwhelming evidence presented by the Government showed that on numerous occasions appellant billed Medicare for tests...

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