LibGuides: Medicare Fraud & Abuse by Majolie Callan: Forms, Pleadings, Motions

§ 62. Complaint, petition, or declaration—Wrongful discharge—Retaliation for good-faith reports to employer of employer's wrongdoing—Medicare and medicaid fraud—Relief under state whistleblower protection statute—Compensatory and punitive damages and injunctive relief

Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Eleventh Circuit Pattern Jury Instructions--Criminal--Federal Jury Practice and Instructions

Eleventh Circuit Pattern Jury Instructions--Criminal
Preliminary Instructions
Basic Instructions
Special Instructions
Offense Instructions
Trial Instructions
Conspiracy to Defraud the Government with Respect to Claims 18 U.S.C. § 286
It's a separate Federal crime for anyone to conspire or agree with someone else to defraud the Government by obtaining or helping to obtain the payment or allowance of any false or fraudulent claim.
False Claims Against the Government 18 U.S.C. § 287
It's a Federal crime to knowingly make a false claim against any department or agency of the United States. Maximum Penalty: Five (5) years imprisonment and applicable fine.
General Conspiracy Charge 18 U.S.C. § 371
If two or more persons conspire … to commit any offense against the United States … and one or more of such persons do any act to effect the object of the conspiracy, each [shall be guilty of an offense against the United States].
Health-Care Fraud 18 U.S.C. § 1347
It's a federal crime to knowingly and willfully execute, or attempt to execute, a scheme or artifice to defraud a health-care benefit program.
Maximum penalty: Ten (10) years imprisonment and applicable fine. (If the violation results in serious bodily injury or death, twenty (20) years or life imprisonment, respectively, and applicable fine.)

Eleventh Circuit Pattern Jury Instructions--Civil--Federal Jury Practice and Instructions

Eleventh Circuit Pattern Jury Instructions--Civil
Preliminary Instructions Before Trial
Basic Instructions
Federal Claims Instructions
State Claims Instructions
Supplemental Damages Instructions
Preliminary Instructions Before Trial
Directions to Counsel Concerning Preparation of Proposed Instructions
Face Page—Introduction
Consideration Of The Evidence—Duty To Follow Instructions—No Corporate Party Involved
Consideration Of The Evidence—Duty To Follow Instructions—Corporate Party Involved
Consideration Of The Evidence—Duty To Follow Instructions—Governmental Entity Or Agency Involved
Credibility Of Witnesses
Impeachment Of Witnesses—Inconsistent Statement
Expert Witnesses—General Instruction
Burden Of Proof—When Only Plaintiff Has Burden Of Proof
Duty To Deliberate—When Only The Plaintiff Claims Damages
Election Of Foreperson—Explanation Of Verdict Form(s)
Civil Allen Charge

Criminal Penalties for Acts Involving Federal Health Care Programs (42 U.S.C.A. § 1320a-7b)

Eleventh Circuit: Applications and Forms

Criminal Appeals Checklist
Appealable orders pursuant to 28 U.S.C. § 1291 & 18 U.S.C. § 3145.
Time for filing:Fed.R.App.P. 4(b) &(c)
Format of the notice of appeal.
Appearance of Counsel Form
Transcript Order Information
Form to Accompany Application for Attorney’s Fees
Bill of Costs
Filing the Notice of Appeal

Medicare Fraud & Abuse by Majolie Callan: Forms, Pleadings, Motions

Federal Jury Practice

Jury Instruction: U.S. District Court, All Districts

Choosing and Empaneling the Jury

Trial Instructions

False, Fictitious, and Fraudulent Claims [18 U.S.C.A. § 287]

Judicial Review

American Jurisprudence Pleading and Practice Forms Annotated

Eleventh Circuit Pattern Jury Instructions--Criminal--Federal Jury Practice and Instructions

Eleventh Circuit Pattern Jury Instructions--Civil--Federal Jury Practice and Instructions

Criminal Penalties for Acts Involving Federal Health Care Programs (42 U.S.C.A. § 1320a-7b)

Eleventh Circuit: Applications and Forms

Instructions Common to Fraud and False Statements

Concealing a Material Fact (18 U.S.C.A. § 1001(a)(1))

Making a False, Fictitious or Fraudulent Statement (18 U.S.C.A. § 1001(a)(2))

Making or Using Any False Writing or Document (18 U.S.C.A. § 1001(a)(3))

State Claims & Supplemental Damages Instructions