UNITED STATES v. HOSPITAL MONTEFLORES, INC.

No. 77-1377.

575 F.2d 332 (1978)

UNITED STATES of America, Plaintiff, Appellant, v. HOSPITAL MONTEFLORES, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 17, 1978.


Attorney(s) appearing for the Case

Frank H. Easterbrook, Asst. Sol. Gen., Dept. of Justice, Washington, D. C., with whom Julio Morales Sanchez, U. S. Atty., San Juan, P. R., and Andrew L. Frey, Deputy Sol. Gen., Washington, D. C., were on brief, for plaintiff, appellant.

Harvey B. Nachman, Santurce, P. R., for defendant, appellee.

Before COFFIN, Chief Judge, MOORE, Senior Circuit Judge, and CAMPBELL, Circuit Judge.


COFFIN, Chief Judge.

Hospital Monteflores and its medical director were indicted on three counts of making false statements on Medicare reimbursement forms. 18 U.S.C. § 1001. The trial was before a jury. At the end of the prosecution's case, which lasted approximately three weeks, the defendants moved for a judgment of acquittal, or alternatively for dismissal of the indictment. The district court ruled that the proof did not correspond to the indictment and...

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