· 11/23/2004
United States v. Arvinder Singh, Rosanna Cerone and Toni Coons
Citations
- 390 F.3d 168
- 2004 U.S. App. LEXIS 24367
- 2004 WL 2663629
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the nexus between the items sought and the particular place to be searched \may be based on reasonable inference from the facts presented based on common sense and experience.\
- allowing inference of fraudulent intent based on a defendant doctor’s possession of the applicable billing code guidebook and his instructions to nurses as to how to fill out the forms
- sufficient evidence of knowingly false statement where defendant was aware that his chosen billing code required physician's involvement based on explicit language on billing form
- \A showing of nexus does not require direct evidence and may be based on reasonable inference from the facts presented based on common sense and experience.\ (internal quotations and citation omitted)
- “A showing of nexus [between the criminal activities alleged and the residence to be searched] does not require direct evidence and may be based on reasonable inference from 5 the facts presented based on common sense and experience.”
- jury could infer that physician/clinic owner was aware that claims he submitted were false, based on his possession of and familiarity with the applicable billing code guidebook and manual, and discussions with employees revealed his \detailed knowledge\ about billing
Source: CourtListener parenthetical corpus (CC0).
Judges: Miner, Pooler, Goldberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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