Legal Opinion
United States v. Delmer Porter, Kenneth A. Berdick, M.D. And Myron Teitelbaum, M.D.
Court of Appeals for the Fifth Circuit
Decided March 21, 1979No. 78-5020PublishedCited by 73 opinions
1Opinion of the Court
COLEMAN, Circuit Judge.
This criminal prosecution springs from attempts by the government to police a vast, ever-expanding Medicare program. Since the occurrence of the activities treat ed in this appeal, Congress has amended one statute to more specifically describe what conduct is proscribed. Moreover, the Department of Health, Education and Welfare no longer pays for the services which prompted the indictment of these defendants. After a thorough examination of the record we have been driven to the conclusion that the indictment, in its various counts, failed to charge a crime and that the…
2Cases cited19 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Morissette v. United StatesSupreme Court of the United States · 1952
- Krulewitch v. United StatesSupreme Court of the United States · 1949
- Dennis v. United StatesSupreme Court of the United States · 1966
- Ladner v. United StatesSupreme Court of the United States · 1958
14 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- In Re Grand Jury Subpoena Duces Tecum Dated September 15, 1983 Marc Rich & Co. A.G., Intervenor-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1984
- United States of America, Plaintiff--Appellee/cross v. Swaran Kumar Jain Center for Mental Health Services, Inc., Defendants--Appellants/crossCourt of Appeals for the Eighth Circuit · 1996
- UNITED STATES of America, Appellee, v. A. Alvin GREBER, AppellantCourt of Appeals for the Third Circuit · 1985
- United States v. John P. Rooney, Jr.Court of Appeals for the Second Circuit · 1994
- UNITED STATES of America, Appellee, v. Steven B. WEISS, Defendant-AppellantCourt of Appeals for the Second Circuit · 1991
68 more not listed; retrieve them via the Exa API.