US v. Joyner: Joyner, a physician’s assistance, took a job with a telehealth company in which he reviewed patient files and signed forms ordering genetic testing, for which Medicare was billed. Although he signed orders for 607 patients, he only spoke with about 20 of them. All told, his work led to billing Medicare for more than $10 million worth of claims. He was convicted by a jury for healthcare fraud and making false statements related to healthcare matters and sentenced to 72 months in prison.
On appeal, the Fourth Circuit affirmed Joyner’s convictions and sentence, rejecting numerous trial arguments. First, the court held that the district court had not abused its discretion in excluding Joyner’s proffered evidence of the company’s compliance efforts, concluding that even if that evidence was relevant (the basis on which the district court excluded them), it was less probative than potentially cumulative or confusing to the jury. Second, the court held that there was no error in the district court quashing subpoenas for several of the company’s leaders, all of whom either invoked their Fifth Amendment rights or were not told to be present by defense counsel. Third, the court held that the prosecution’s comments during closing argument about Joyner’s failure to present certain evidence he promised during his opening statement were not prejudicial. Finally, the court found no error in instructions given relating to aiding and abetting and false statements. The court also found no error in Joyner’s sentence.
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