Legal Opinion
UNITED STATES of America, Appellee, v. A. Alvin GREBER, Appellant
Court of Appeals for the Third Circuit
Decided May 15, 1985No. 84-1546PublishedCited by 93 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this appeal, defendant argues that payments made to a physician for professional services in connection with tests performed by a laboratory cannot be the basis of medicare fraud. We do not agree and hold that if one purpose of the payment was to induce future referrals, the medicare statute has been violated. We also hold that the materiality of utterances charged to be within the false statement statute is an essential element of the crime to be decided by the trial judge as a matter of law. We find the district court’s rulings consistent with our…
2Cases cited19 opinions
- Sinclair v. United StatesSupreme Court of the United States · 1929
- United States v. James A. Irwin, Jr.Court of Appeals for the Tenth Circuit · 1981
- Louis Weinstock v. United StatesCourt of Appeals for the D.C. Circuit · 1956
- United States v. Bernard P. Elkin, A/K/A "Bob Elkin," and Boston Pneumatics, Inc.Court of Appeals for the Second Circuit · 1984
- United States v. Melvin A. Slawik, and Bruce A. UffelmanCourt of Appeals for the Third Circuit · 1977
14 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Johnson v. United StatesSupreme Court of the United States · 1997
- In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
- United States v. Michael E. GaudinCourt of Appeals for the Ninth Circuit · 1994
- United States v. Sammy G. Daily and Frederik A. FiggeCourt of Appeals for the Tenth Circuit · 1991
- United States v. WoodwardCourt of Appeals for the First Circuit · 1998
88 more not listed; retrieve them via the Exa API.