Criminal Law and Business
1.False Claims Act and Medicare Fraud. What is health care fraud (at least 4 sentences)? Writing at least 8 sentences, pick a health care fraud case or health care fraud settlement (Dey Pharma LP, Abbott Laboratories, October 2010 44 individuals charged in a Armenian-American crime ring for defrauding Medicare of more than 35 million). If you need help finding information on one of these cases, please call the DBU librarian.
2.Write at least 8 sentences each and GIVE AN EXAMPLE in each one to support your answer.
a)RICO
b)False statement to a Bank
3.A student (Jane) went to work for a Not for Profit and her boss, (Mike) told her to change the number of kids that were coming to the after school program so that the organization could get more federal money. At first, Jane refused but Mike was persuasive and said that more students were indeed coming next week because the tutoring at the local school had ended and he was certain those kids would come to their after school program. Jane changed the numbers and Mike submitted the monthly invoice form to the federal government. The additional students never came but the extra money was coming from the government based on the submissions.
Several months later Jane and Mike were charged with the federal crime of conspiracy to defraud the federal government. Even though Jane never received any money from her actions of changing the numbers, the prosecutor told her she could get 5 years. She pled out for 6 months in a federal prison. Mike blamed the wrong numbers on Jane and he said he relied on her for the correct numbers. Mike received a 4 month sentence.
Apply the definition of 1) conspiracy and 2) aiding and abetting to this case. Be sure and define each and explain how each applies to this story. 3) Why do you think Mike had Jane change the numbers and not him? 4) Do you think it was fair that Mike got a shorter prison sentence than Jane? Do you understand that the federal prosecutor had not proof that Mike changed the numbers so they knew their case was weak. I want you to think twice before you ever agree to do something illegal even if someone else is pressuring you.
