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U.S. v. SHAH

No. 19-12319.

981 F.3d 920 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Alap SHAH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 24, 2020.

Attorney(s) appearing for the Case

Randall Dana Katz , U.S. Attorney's Office, FORT LAUDERDALE, FL, Daniel Matzkin , Lisa Tobin Rubio , Emily M. Smachetti , U.S. Attorney Service — SFL, MIAMI, FL, Scott Dion , U.S. Attorney's Office, MIAMI, FL, for Plaintiff-Appellee.

Paul Stephen Kish , Kish Law, LLC, ATLANTA, GA, Larry Donald Murrell, Jr. , Law Office of L.D. Murrell, PA, WEST PALM BEACH, FL, for Defendant-Appellant.

Amy Levin Weil , The Weil Firm, ATLANTA, GA, for Amicus Curiae AMERICAN MEDICAL ASSOCIATION.

Before WILLIAM PRYOR, Chief Judge, HULL and MARCUS, Circuit Judges.

This appeal of convictions for receiving healthcare kickback payments, 42 U.S.C. § 1320a-7b(b), requires us to decide whether an error in a jury instruction was harmless. At the request of the government, the district court instructed the jury that Dr. Alap Shah violated the statute prohibiting kickbacks if one...

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