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BERDICK v. UNITED STATES

Nos. 493-78-495-78.

612 F.2d 533 (1979)

Kenneth BERDICK v. The UNITED STATES.

United States Court of Claims.

December 12, 1979.

Attorney(s) appearing for the Case

Eugene C. Heiman, Miami, Fla., attorney of record, for plaintiff. Heiman, Krieger, Freidin & Silber, Miami, Fla., of counsel.

Thomas W. Trigg, U. S. Dept. of Justice, with whom was Acting Asst. Atty., Gen. Alice Daniel, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, KASHIWA and KUNZIG, Judges.

OPINION

KUNZIG, Judge:

This case arises from the medical practice of plaintiff Kenneth Berdick, a physician in Florida who treated, almost exclusively, patients insured under the Supplemental Medical Insurance Program, 42 U.S.C. § 1395jj (1976), (Medicare). In 1976, Berdick was convicted before a Federal District Court on charges that he made false statements to the Government in violation of 18 U.S.C. § 1001 (1976).1

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