Manocchio v. Kusserow

HATCHETT, Circuit Judge:

We affirm the district court’s ruling that 42 U.S.C. § 1320a-7, a mandatory exclusionary provision, is not punitive in nature thereby violating the Double Jeopardy and Ex Post Facto Clauses of the United States Constitution. 768 F.Supp. 814.

I. FACTS AND PROCEDURAL HISTORY

Val Manocchio, a medical doctor, is licensed to practice medicine in the state of Florida. For approximately ten weeks in 1984, Manocchio worked on a part-time basis at a facility known as Florida Medical Consultants. During his employment, Ma-nocchio supervised particular tests and medical procedures…