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U.S. v. JAIN

Nos. 95-2820, 95-3036.

93 F.3d 436 (1996)

UNITED STATES of America, Plaintiff-Appellee/Cross Appellant, v. Swaran Kumar JAIN; Center for Mental Health Services, Inc., Defendants-Appellants/Cross Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1996.

Rehearings Denied October 22, 1996.

Attorney(s) appearing for the Case

Jean Paul Bradshaw, Kansas City, MO, argued (Charles J. Williams, on the brief), for appellants/cross-appellees.

Linda L. Parker, Kansas City, MO, argued (Steven L. Hill, Jr., United States Attorney, on the brief), for appellee/cross-appellant.

Before BOWMAN, BEAM, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Psychologist Swaran Kumar Jain and his corporation, the Center for Mental Health Services, Inc., appeal their convictions for violating the mail fraud and Medicare anti-kickback statutes by receiving payments from a psychiatric hospital for referring patients to that hospital. Defendants argue that the district court's jury instructions erroneously defined the term "willfully" in the anti-kickback statute, and that the government failed to prove...

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