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U.S. EX REL. GUGENHEIM v. MERIDIAN SENIOR LIVING

No. 20-1583.

36 F.4th 173 (2022)

UNITED STATES EX REL. Stephen GUGENHEIM; State of North Carolina ex rel. Stephen Gugenheim, Plaintiffs-Appellants, v. MERIDIAN SENIOR LIVING, LLC; Meridian Senior Living Services, LLC; Charles E. Trefzger, Jr.; WP — Albemarle Health Holdings, LLC; Burlington Al Holdings I, LLC; Taylorsville House, LLC; WP — Newland Health Holdings, LLC; WP — Windsor Health Holdings, LLC; Leland House, LLC; WP — Yanceyville Health Holdings, LLC; Hickory Health Investors, LLC; WP — Hayesville Health Holdings, LLC; Chi Holdings, LLC; Danby House, LLC; WP — Winston Salem Health Holdings, LLC; Country Time Inn, LLC; WP — Gastonia Health Holdings, LLC; Gates House, LLC; Greensboro Al Holdings, LLC; Greensboro Opco Holdings, LLC; Greensboro Health Holdings, LLC; Fuquay — Varina Health Holdings, LLC; Haywood Health Holdings, LLC; Ahoskie House, LLC; Skyland House, LLC; Clayton Health Holdings, LLC; Macon Health Holdings, LLC; Mint Hill Health Holdings, LLC; WP — Charlotte Health Holdings, LLC; Charlotte Health Holdings, LLC; Mitchell House One, LLC; West End Holdings, LLC; Castle Hayne Al Holdings, LLC; New Hanover House, LLC; RVHI, LLC; RV Assisted Living, LLC; Shi — Orange, LLC; Grantsboro Opco Holdings, LLC; Burgaw Health Holdings; WP — Clinton Health Holdings, LLC; Rose Tara Holdings, LLC; WP — Brevard Health Holdings, LLC; Cary Health Holdings, LLC; WP — Wendell Health, LLC; WP — Raleigh Health, LLC; Zhi, LLC; Wilson House, LLC; WP — Burnsville Health Holdings, LLC; Affinity Living Group, LLC, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 26, 2022.

Attorney(s) appearing for the Case

ARGUED: Mark Russell Sigmon , SIGMON LAW, PLLC, Raleigh, North Carolina, for Appellants. Jimmie Watkins Phillips, Jr. , BROOKS PIERCE, LLP, Greensboro, North Carolina, for Appellees. ON BRIEF: Matthew E. Lee , Jeremy R. Williams , WHITFIELD BRYSON LLP, Raleigh, North Carolina; Clifford C. Marshall, Jr. , MARSHALL, ROTH & GREGORY, PC, Asheville, North Carolina, for Appellants. Jennifer K. Van Zant , Donald J. O'Brien, III , Kimberly M. Marston , BROOKS PIERCE, LLP, Greensboro, North Carolina, for Appellees.

Affirmed by published opinion. Judge Rushing wrote the majority opinion, in which Judge Wilkinson joined. Senior Judge Traxler wrote a dissenting opinion.

Stephen Gugenheim, a North Carolina attorney, believes he uncovered fraud perpetrated by forty-five adult care homes upon the United States and the State of North Carolina. According to Gugenheim, Defendants violated a North Carolina Medicaid billing regulation, and did so knowingly, as evidenced by the clarity of the regulation...

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