Medicare & Medicaid Guide P 45,497 United States of America v. Harold Leon McGhee

OPINION

HOOD, District Judge.

Harold Leon McGhee [McGhee] was convicted on fifteen counts of mail fraud and making false statements in violation of 18 U.S.C. § 1342 and 18 U.S.C. § 1001. 1 He was found guilty of defrauding and making false statements to Affordable/Omnicare, which is a Managed Care Organization participating in TennCare. The state of Tennessee created TennCare as a substitute for the Medicaid program. TennCare is subsidized by the federal government.

On appeal, McGhee raised four issues for consideration. The only issue which merited discussion was whether the trial court…