Jeffrey Allan Fischer v. United States (529 U.S. 667)

U.S. Supreme Court · decided May 15, 2000 · Supreme Court Database (Spaeth)

Citation
529 U.S. 667 · 120 S. Ct. 1780
Decided
May 15, 2000
Term
October Term 1999
Vote
7–2
Majority author
Justice Kennedy
Issue area
Civil Rights
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

Opinion excerpt

Justice Kennedy delivered the opinion of the Court. The federal bribery statute prohibits defrauding organizations which “receiv[e], in any one year period, benefits in excess of $10,000 under a Federal program.” 18 U. S. C. § 666(b). We granted certiorari to determine whether the statute covers fraud perpetrated on organizations participating in the Medicare program. Upon consideration of the role and regulated status of hospitals as health care providers under the Medicare program, we hold they receive “benefits” within the meaning of the statute. We affirm petitioner’s convictions. I Petitioner Jeffrey Allan Fischer was president and partial owner of Quality Medical Consultants, Inc. (QMC), a eorpora- . tion which performed billing audits for health care organizations. In 1993 petitioner, on QMC’s behalf, negotiated a $1.2 million loan from West Volusia Hospital Authority (WVHA), a municipal agency responsible for operating two hospitals located in West Volusia County, Florida. Both hospitals participate in the Medicare program, and in 1993 WVHA received between $10 and $15 million in Medicare funds. A February 1994 audit of WVHA’s financial affairs raised questions about the QMC loan. An investigation revealed QMC used the loan proceeds to repay creditors and to raise the salaries of its five owner-employees, including petitioner. It was determined that petitioner had…

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