UNITED STATES v. ESFORMES

No. 19-13838, No. 19-14874.

60 F.4th 621 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Philip ESFORMES, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Philip Esformes, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: January 6, 2023.


Attorney(s) appearing for the Case

Paul T. Crane , Criminal Division, Appellate Section, Washington, DC, Jeremy Raymond Sanders , U.S. Department of Justice, Criminal Division, Fraud Section, Washington, DC, Emily M. Smachetti , U.S. Attorney's Office, Miami, FL, U.S. Attorney Service — Southern District of Florida, U.S. Attorney Service — SFL, Miami, FL, for Plaintiff-Appellee.

Laurie Webb Daniel , Webb Daniel Friedlander, LLP, Atlanta, GA, Howard M. Srebnick , Roy Black, Black Srebnick, PA, Miami, FL, Nicholas Boyd , Holland & Knight, LLP, Atlanta, GA, James Christopher Martin , Reed Smith, LLP, Pittsburgh, PA, Kim M. Watterson , Reed Smith, LLP, Los Angeles, CA, for Defendant-Appellant.

Scott A. Keller , Lehotsky Keller, LLP, Washington, DC, for Former Legal Officials.

Ryan Christopher Locke , Locke Law Firm, LLC, Atlanta, GA, for National Association of Criminal Defense Lawyers.

Before William Pryor, Chief Judge, Jill Pryor, and Grant, Circuit Judges.


Philip Esformes challenges his convictions of healthcare fraud, illegal kickbacks, and money laundering and the related restitution award and forfeiture judgment. After Esformes filed this appeal, President Trump commuted his sentence of imprisonment and rendered any challenge to it moot. In his remaining challenges,...

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