United States v. Levin

KRUPANSKY, Senior Circuit Judge.

This is an appeal from a decision of the United States District Court for the Eastern District of Kentucky dismissing all but 15 counts of a 560-count indictment against the appellees herein with prejudice. The last 15 counts of the indictment were dismissed without prejudice. Defendants-appellees Richard D. Levin, M.D., P.S.C., Inc. (the “Eye Institute”) and Richard D. Levin, an individual, had been charged with multiple violations of 42 U.S.C. § 1395nn(b)(l)(B) (1983) (Medicare fraud); 18 U.S.C. § 287 (false claims); 18 U.S.C. § 1341 (mail fraud); and 18…