Date: 09-26-2024

Case Style:

United States of America v. John Holland, et al.

Case Number: 1:17-CR-234

Judge: Not Available

Court: United States District Court for the Northern District of Georgia (Fulton County)

Plaintiff's Attorney: United States District Attorney's Office in Atlanta (Fulton County)

Defendant's Attorney:

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Description:

Atlanta, Georgia healthcare fraud criminal defense lawyers represented the Defendants. charged with participating in an illegal kickback scheme.

The government accused the defendants of participating in an illegal healthcare kickback scheme and sought to introduce at trial out-of-court statements made by the defendants’ alleged coconspirators. But because the district court held that the government failed to prove that the defendants had the relevant mental state to make their conduct a crime, the district court refused to admit the statements. The district court erred. One need not show that a conspiracy was unlawful to introduce coconspirator statements. So long as those statements were made during and in furtherance of a joint venture that included an opposing party, the statements are admissible.

Outcome: Because the district court excluded the statements in this case based on an erroneous view of the law, we reverse and remand.

Plaintiff's Experts:

Defendant's Experts:

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