U.S. EX REL. A+ HOMECARE v. MEDSHARES MANAGEMENT

No. 02-6545.

400 F.3d 428 (2005)

UNITED STATES of America, ex rel. A+ HOMECARE, INC., Plaintiffs-Appellees, v. MEDSHARES MANAGEMENT GROUP, INC.; Trevecca Home Health Services, Inc., Defendants, Stephen H. WINTERS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 10, 2005.


Attorney(s) appearing for the Case

ARGUED: Matthew H. Kirtland, Fulbright & Jaworski, Washington, D.C., for Appellant. Van S. Vincent, Assistant United States Attorney, Nashville, Tennessee, for Appellees. ON BRIEF: Matthew H. Kirtland, Fulbright & Jaworski, Washington, D.C., for Appellant. Van S. Vincent, Assistant United States Attorney, Nashville, Tennessee, Charles W. McElroy, White & Reasor, Nashville, Tennessee, for Appellees.

Before: MERRITT and MOORE, Circuit Judges; DUGGAN, District Judge.


OPINION

MOORE, Circuit Judge.

Defendant-Appellant Stephen H. Winters ("Winters") appeals the jury verdict and award of damages in favor of the Plaintiffs-Appellees, the United States ("the Government") and A+ Homecare, Inc. ("A+ Homecare") (collectively "the Appellees"). The jury found Winters liable under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-3733, for including fraudulent pension expenses on two Medicare

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