Legal Opinion

United States v. Thurston

Court of Appeals for the First Circuit

Decided August 4, 2003No. 02-1966, 02-1967PublishedCited by 49 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

William Thurston, a vice president of Damon Clinical Testing Laboratories, Inc., appeals his conviction for conspiring to defraud the Medicare program of over five million dollars. 1 The charged conspiracy involved the manipulation of physicians into ordering unnecessary ferritin blood tests 2 for Medicare beneficiaries in violation of 18 U.S.C. § 371.

The essence of the scheme charged was that Damon, through Thurston and others, bundled the ferritin blood test — previously ordered by doctors less than two percent of the time — into a panel of blood tests known as the…

2Cases cited62 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Ornelas v. United StatesSupreme Court of the United States · 1996
  3. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  4. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  5. Koon v. United StatesSupreme Court of the United States · 1996

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3Cited by49 opinions

  1. United States v. ParksCourt of Appeals for the First Circuit · 2012
  2. United States v. UptonCourt of Appeals for the First Circuit · 2009
  3. United States v. Abdorasool Janati Forouzandeh JanatiCourt of Appeals for the Fourth Circuit · 2004
  4. United States v. MikutowiczCourt of Appeals for the First Circuit · 2004
  5. United States v. Franco-SantiagoCourt of Appeals for the First Circuit · 2012

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