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U.S. v. BAJOGHLI

No. 14-4798.

785 F.3d 957 (2015)

UNITED STATES of America, Plaintiff-Appellant. v. Amir A. BAJOGHLI, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 11, 2015.

Attorney(s) appearing for the Case

ARGUED: Paul Nathanson , Office of the United States Attorney, Alexandria, Virginia, for Appellant. Peter Hugh White , Schulte Roth & Zabel LLP, Washington, D.C., for Appellee. ON BRIEF: Dana J. Boente , United States Attorney, Matthew Burke , Assistant United States Attorney, Katherine L. Wong , Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant. Joe Robert Caldwell, Jr. , Baker Botts LLP, Washington, D.C.; Kirk Ogrosky , Murad Hussain , Arnold & Porter LLP, Washington, D.C., for Appellee.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge FLOYD and Senior Judge HAMILTON joined.

Dr. Amir Bajoghli, a board-certified dermatologist, was indicted for executing a "scheme or artifice to defraud" when billing public and private healthcare benefit programs during the period from January 2009 through August 2012, in violation of 18 U.S.C. § 1347, and for related offenses. The indictment set forth, in...

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