CRJ425 D7 SLM

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Colorado State University, Global Campus *

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425

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Law

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Apr 3, 2024

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docx

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Research a white-collar crime case where the defendant was found guilty and address the following: What type of fraud was involved in the case? What are the relevant facts in the case? Was this a victimless crime? Why or why not? What punishment did the defendant(s) receive and what punishment theory do you think was furthered by this punishment? You may want to review the following information as you prepare this week’s discussion: _____________________________________________________________________ Hello Classmates and Professor, White-collar crime often involves business and is defined as a crime committed by a person or persons with a high social status and who are respectable members of society during their occupation (Lippman, 2019). Furthermore, according to the FBI (n.d.), white-collar crimes are financially motivated and are generally characterized by deceit, concealment, or violation of trust rather than violent behaviors. A white-collar crime where the defendant was found guilty was a case of Medicare fraud. According to (U.S Department of Justice, 2024) A federal grand jury in New Jersey returned a superseding indictment charging a medical doctor by the name of Alexander Baldonado with allegedly engaging in a healthcare fraud and illegal kickback scheme that involved the submission of over $20.7 million in false and fraudulent claims to Medicare for laboratory tests, including cancer genetic tests. Baldonado was charged with one count of conspiracy to commit health care fraud, six counts of health care fraud, two counts of conspiracy to defraud the United States and pay and receive health care kickbacks, and one count of soliciting health care kickbacks. The type of fraud involved in the case was Medicare fraud. Medicare fraud is a type of white- collar crime that involves the intentional submission of false claims to the federal health care program for services that were never provided or were provided in a manner that does not meet the criteria for reimbursement. This type of fraud typically involves medical professionals, such as doctors, and other healthcare providers, such as home health agencies. In the case in question, the two doctors were accused and convicted of submitting false claims to Medicare for services that were never provided or were provided in a manner that did not meet the criteria for reimbursement. The doctor here in this case was found to have received kickbacks for referring patients to a home health agency as well as billing medicare for long visits that never took place as well as billing them for test that never happened.
The relevant facts of the case were that the defendant was accused and convicted of submitting false claims to Medicare for services that were never provided or were provided in a manner that did not meet the criteria for reimbursement. The doctor were also found to have received kickbacks for referring patients to a home health agency. Additionally, the defendant was found to have used the proceeds of the fraud to purchase luxury cars, jewelry, and other items. No, this was not a victimless crime. The victims of this crime were the American taxpayers, who were defrauded out of millions of dollars in payments to the doctors and the home health agency. Additionally, patients were misled into receiving unnecessary treatments and services due to the scheme. This type of fraud is particularly egregious because it takes advantage of a vulnerable population, namely the elderly and disabled, who depend on Medicare for their healthcare needs. The defendant was sentenced to over 20 years and ordered to pay more than $15 million in restitution. This punishment was meant to serve as a deterrent to other potential fraudsters and demonstrate that healthcare fraud involving taxpayer dollars will be punished severely. This punishment theory, known as retribution, is designed to provide justice to the victims of the crime. Retribution is a form of punishment based on the idea that those who commit a crime should suffer the consequences of their actions. By sentencing the defendants to prison and requiring them to pay restitution, the court communicated that healthcare fraud is a serious crime that will not be tolerated. Additionally, by requiring the defendants to pay restitution, the court ensured that the victims of the crime were compensated for their losses. -Sabrina References Federal Bureau of Investigation. (2016). White-Collar crime . Federal Bureau of Investigation. https://www.fbi.gov/investigate/white-collar-crime Lippman, M. (2023). Contemporary criminal law : Concepts, cases, and controversies (6th ed.). Sage Publications. U.S Department of Justice. (2024, February 22). Office of Public Affairs | Medical Doctor Charged for $20.7M Health Care Fraud and Illegal Kickback Schemes | United States Department of Justice . Www.justice.gov. https://www.justice.gov/opa/pr/medical- doctor-charged-207m-health-care-fraud-and-illegal-kickback-schemes
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