U.S. v. NAZON

No. 90-2109.

940 F.2d 255 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Yvon NAZON, M.D., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1991.


Attorney(s) appearing for the Case

Andrew B. Baker, Jr. (argued), Philip P. Simon, Asst. U.S. Attys., Dyer, Ind., for plaintiff-appellee.

Allan A. Ackerman, Joelle Hollander (argued), Matthias A. Lydon, Jayne Carr Thompson, Lydon & Griffin, Chicago, Ill., for defendant-appellant.

Before WOOD, Jr., POSNER, and MANION, Circuit Judges.


MANION, Circuit Judge.

Dr. Yvon Nazon was indicted and convicted by a jury of 17 counts of fraud for his submission of false claims to Medicaid seeking payment for services not performed. Dr. Nazon appeals the decision claiming (a) that the district court erroneously gave the jury a "conscious avoidance" instruction which thereby permitted the jury to convict him on an impermissible basis, and (b) that the trial court failed to instruct the jury with a definition...

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