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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump just gave a huge gift to an alleged billion dollar Medicare fraudster
https://thinkprogress.org/trump-obamacare-medicare-fraud-4910319d89ed/Trump just gave a huge gift to an alleged billion dollar Medicare fraudster
The Trump administration informed a federal appeals court on Monday night that it would no longer defend the Affordable Care Act after a judge in Texas declared that the entire law must be struck down. The judge, Reed OConnor, is a former Republican Senate staffer with a history of striking down policies opposed by conservatives. OConnors opinion is widely viewed as ridiculous, even by conservative legal scholars and health policy experts.
Yet, while OConnors opinion in Texas v. United States is likely to be reversed, either by the conservative United States Court of Appeals for the Fifth Circuit or by the Supreme Court, the Justice Departments claim that the Affordable Care Act is unconstitutional already threatens a seemingly unrelated prosecution of a Florida health care executive on trial for allegedly committing $1 billion worth of Medicare and Medicaid fraud.
[The person on trial is Philip Esforme]
On Wednesday, Esformes lawyers filed a motion in a federal court in Florida arguing that the case against their client must be dismissed effectively ruining three years of work by prosecutors because the Justice Department has admitted that the health care offenses at issue in this trial are unconstitutional. Alternatively, Esformes legal team suggests that the judge should declare a mistrial.
The problem arises because OConnor did not simply strike down the core provisions of the Affordable Care Act. He declared that every single provision of the law is invalid, including relatively minor provisions amending the statutes governing Medicare fraud and kickbacks paid to health providers. Though Esformes alleged actions may also be illegal under the unamended versions of those statutes, Esformes was charged under the amended versions. According to Esformes motion, every health care statute cited in the Indictment has been identified as among those ruled unconstitutional by Judge OConnor.
The crux of Esformes legal argument is that the Due Process Clause will not permit the Justice Department to prosecute the Defendant based upon alleged violations of statutes and regulations that they have independently deemed and declared to be unconstitutional. Its an aggressive argument. Nevertheless, its an argument that puts the Justice Department in a terrible bind.
Note: If the motion succeeds, then not only would Esforme be released and not retried when/if O'Connor's ruling is reversed, but any other person being tried for Medicare fraud can probably try for a dismissal, as can prisoners who were convicted under the same statutes.
Thanks, Donnie!
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Trump just gave a huge gift to an alleged billion dollar Medicare fraudster (Original Post)
Stonepounder
Mar 2019
OP
Jarqui
(10,110 posts)1. Maybe AG Barr will write a four page summary amicus brief ....
https://www.reproductiverights.org/sites/crr.civicactions.net/files/documents/CRR%20Factsheet%20on%20William%20Barr.pdf
... or maybe the other side used the ones he'd already written ....
Barr repeatedly opposed the Affordable Care Act the greatest advancement in womens health care in a generation and one of the many federal laws he would be responsible for defending if confirmed as Attorney General. He joined four amicus briefs filed with other former Attorneys General and DOJ officials opposing the ACA and arguing that the law was unconstitutional. After the Supreme Court upheld the ACA in National Federation of Independent v. Sebelius, Barr again joined other former Department of Justice officials in supporting the plaintiffs in Zubik v. Burwell, religious non-profits who claimed requesting an accommodation, or even notifying the federal government of their objection to providing contraception coverage to their employees, unconstitutionally violated their religious beliefs.
... or maybe the other side used the ones he'd already written ....