United States v. Michael Baker

WIENER, Circuit Judge:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for rehearing en banc is DENIED. The following is substituted in place of our opinion.

Defendant-Appellant Michael Baker was the Chief Executive Officer of ArthroCare, a publicly traded medical-device company. Baker, along with the company's other senior executives, engaged in a "channel-stuffing" scheme that involved sending excess products to a distributor that did not need those products. ArthroCare reported those shipments as legitimate sales, which inflated the company's…