United States v. Hospital Monteflores, Inc.

COFFIN, Chief Judge.

Hospital Monteflores and its medical director were indicted on three counts of making false statements on Medicare reimbursement forms. 18 U.S.C. §. 1001. The trial was before a jury. At the end of the prosecution’s case, which lasted approximately three weeks, the defendants moved for a judgment of acquittal, or alternatively Tor dismissal of the indictment. The district court ruled that the proof did not correspond to the indictment and that “[tjherefore I have no other alternative under the evidence presented to dismiss the indictment in all its three counts.”

The…