UNITED STATES OF AMERICA v. ANIS CHALHOUB - Articles

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Posted by: Karen Belcher on Jan 7, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Paul Shechtman, BRACEWELL LLP, New York, New York, for Appellant. Andrew E. Smith, UNITED STATES ATTORNEY’S OFFICE, Lexington, Kentucky, for Appellee.

Attorneys 2:

ON BRIEF: Paul Shechtman, BRACEWELL LLP, New York, New York, for Appellant. Andrew E. Smith, Charles P. Wisdom, Jr., UNITED STATES ATTORNEY’S OFFICE, Lexington, Kentucky, for Appellee.

Judge(s): SILER, STRANCH, and NALBANDIAN, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Eastern District of Kentucky at London

NALBANDIAN, Circuit Judge. A jury convicted Dr. Anis Chalhoub on one count of defrauding health care benefit programs under 18 U.S.C. § 1347. A cardiologist, Chalhoub implanted permanent pacemakers in patients who—it turned out—did not need the devices or the slew of tests that he ordered before and after surgery. On appeal, Chalhoub does not challenge the legal sufficiency of the evidence supporting the jury’s verdict. Rather, he alleges that the district court repeatedly admitted evidence unduly prejudicial to him—and to which he could not effectively respond. Although some of the government’s tactics here leave something to be desired, Chalhoub’s arguments ultimately prove unavailing. We AFFIRM Chalhoub’s conviction.

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