United States v. Memar

Summary

The Seventh Circuit affirmed health care fraud and false statement convictions (18 U.S.C. §§ 1347, 1035(a)(2)) of a dermatologist who billed insurance for intense pulsed light (IPL) treatments, claiming they destroyed 15+ actinic keratosis lesions, when patients did not actually have the condition or were not informed of it. The court held the evidence was sufficient for a jury to find intentional misdiagnosis and fraudulent billing, rejecting challenges to the sufficiency of evidence under the Jackson v. Virginia standard. Unobjected prosecutorial misstatements during closing arguments did not constitute plain error requiring reversal, and the defendant's ineffective assistance of counsel claim under Strickland was not properly raised on direct appeal due to an undeveloped record.

Holdings

1. The evidence was sufficient; a rational jury could find beyond a reasonable doubt that Memar fraudulently diagnosed patients and submitted false claims.
2. The prosecutor's repeated mischaracterization of testimony was improper but did not render the trial unfair under the five-factor test.

Questions Presented

1. Whether the evidence was sufficient to support the convictions for health care fraud and false statements
2. Whether the prosecutor's mischaracterization of testimony during closing arguments deprived Memar of a fair trial
3. Whether trial counsel's failure to object to the prosecutor's remarks constituted ineffective assistance of counsel

Disposition

affirmed