Legal Opinion
United States of America, Plaintiff--Appellee/cross v. Swaran Kumar Jain Center for Mental Health Services, Inc., Defendants--Appellants/cross
Court of Appeals for the Eighth Circuit
Decided October 22, 1996No. 95-2820, 95-3036PublishedCited by 97 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
Psychologist Swaran Kumar Jain and his corporation, the Center for Mental Health Services, Inc., appeal their convictions for violating the mail fraud and Medicare anti-kickback statutes by receiving payments from a psychiatric hospital for referring patients to that hospital. Defendants argue that the district court’s jury instructions erroneously defined the term “willfully” in the anti-kickback statute, and that the government failed to prove mail fraud, that is, a scheme to deprive Dr. Jain’s patients of their intangible right to his “honest services.” The government…
2Cases cited21 opinions
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- Ratzlaf v. United StatesSupreme Court of the United States · 1994
- Cheek v. United StatesSupreme Court of the United States · 1991
- Liparota v. United StatesSupreme Court of the United States · 1985
- United States v. Armand P. D'AmAtoCourt of Appeals for the Second Circuit · 1994
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3Cited by97 opinions
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- United States v. FrostCourt of Appeals for the Sixth Circuit · 1997
- United States v. DeFries, Clayton E.Court of Appeals for the D.C. Circuit · 1997
- United States v. Gregory Charles Ervasti, United States of America v. Deniene "Dee" ErvastiCourt of Appeals for the Eighth Circuit · 2000
- United States v. PitroneCourt of Appeals for the First Circuit · 1997
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