U.S. v. ERICKSON

Nos. 94-30207, 94-30210 and 94-30211.

75 F.3d 470 (1996)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Bruce L. ERICKSON and Great Falls Eye Surgery Center, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1996.


Attorney(s) appearing for the Case

W. William Leaphart, Leaphart Law Firm, Helena, Montana, for defendants-appellants-cross-appellees.

Keith Strong and David Dennis, Dorsey & Whitney, Great Falls, Montana, for defendants-appellants-cross-appellees.

Carl Rostad, Assistant United States Attorney, Great Falls, Montana, for plaintiff-appellee-cross-appellant.

Before: POOLE, BOOCHEVER, and WIGGINS, Circuit Judges.


POOLE, Circuit Judge:

The Great Falls Eye Surgery Center (the "Center") and ophthalmologist Bruce L. Erickson, a part-owner and the medical director of the Center, appeal their convictions for Medicare fraud in violation of 18 U.S.C. § 287. They were convicted after jury trial of knowingly and willfully over-billing their patients and the Department of Health and Human Services ("DHHS") from July 23, 1992 through June 1993 for services provided by their certified...

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