CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, August 13, 2007

CrimProf Jeffrey S. Parker Discusses Frivolous Fraud Case

Parker05From George Mason University School of Law CrimProf Jeffrey S. Parker recently discussed the case in which Dr. Mark Capener turned the tables on the government and won nearly $300,000 in legal fees for what a Nevada federal trial judge found to be a frivolous health care fraud case.

CrimProf Jeffrey S. Parker said cases like the one against Dr. Capener -- prosecuted under a general 1996 health care fraud statute -- are not unusual. The statute sets a standard for criminal violations that requires the government to show that the doctor acted deliberately.

Instead, in many cases, "[the government] is just looking at CPT code usage and anybody out on the tail of the distribution is targeted for criminal prosecution," Parker said. "And that's not the same thing as intentional wrongdoing." If found guilty, doctors could face 10 years in prison, noted Parker, who assisted in Dr. Capener's suit. Rest of Article. . . [Mark Godsey]

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