All Charges Dismissed in Medicaid Fraud Case Against Physician
Posted on Firm News September 24, 2016 by Robert Nicholson
After a trial jury voted 5 to 1 to acquit the Firm’s physician client in a Medicaid fraud case defended by Managing Attorney Robert Nicholson, the Florida Attorney General’s Office dismissed the remainder of the charges pending in the case. The Firm’s client had been charged with Medicaid fraud for allegedly providing medically unnecessary services, Medicaid fraud for allegedly billing for non-rendered services, and with allegedly prescribing medically unnecessary controlled substances. Prior to trial, the controlled substance diversion charges and a portion of the Medicaid fraud charges were dismissed after a vigorous defense was mounted by the Firm and the Firm discredited the State’s initial medical expert witness through deposition.
The remaining 9 counts of Medicaid fraud were tried before a jury in North Florida. Five of the six jurors immediately voted to acquit, but a mistrial was declared due to a hold-out juror refused to go along with the other jurors. The Firm subsequently filed a motion for directed verdict pointing out serious weaknesses in the States case. The Office of the Attorney General subsequently entered a dismissal of the remainder of the charges.
The trial, which was high profile in the jurisdiction, was attended by a number of local attorneys, including local prosecutors, who observed the proceedings. After all charges were dismissed, the trial judge commented that the case was one of the best defended cases she had seen as a judge.
The law firm of Nicholson & Eastin, LLP concentrates its practice on defending health care providers in a wide variety of healthcare regulatory matters. Managing Attorney Robert Nicholson has spent nearly 20 years handling health care fraud, drug diversion, FDA enforcement, medical licensure defense and False Claims Act cases. Please contact the Firm if you are facing any type of government regulatory or health care fraud investigation or allegation.