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U.S. v. MITRIONE

Nos. 02-4222, 02-4224.

357 F.3d 712 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Robert T. MITRIONE and Marla A. DeVore, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 2004.

Rehearing Denied March 25, 2004.

Attorney(s) appearing for the Case

Patrick Hansen, Office of the United States Attorney, Springfield, IL, Linda L. Mullen, Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellee.

Cathy A. Pilkington, Chicago, IL, Thomas M. Dawson, Leavenworth, KS, for Defendants-Appellants.

Before ROVNER, EVANS, and WILLIAMS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Dr. Robert T. Mitrione, a psychiatrist, and Marla A. DeVore, his office manager, were indicted on charges of Medicaid and Medicare fraud. The alleged fraud involved billing for services that were not provided (ghost billing), overstating what services were provided (upcoding), and billing for services provided by others but declaring that Dr. Mitrione provided the service (substitute billing). The bulky indictment charged Mitrione...

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