Wednesday, April 25, 2007

making false statements to the FBI are vacated as to the insurance fraud counts

US v. Kaplan, No. 05-5531
Conviction and sentence for conspiracy, mail fraud, wire fraud, making false statements in connection with health care matters, health care fraud, witness tampering, and making false statements to the FBI are vacated as to the insurance fraud counts where: 1) the district court erred in admitting lay opinion testimony regarding defendant's and other's knowledge of the fraud; and 2) these errors were not harmless.

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