Convicted Health-Care Fraudster Gets Identity Theft Count Tossed

A former district manager with Global Compounding Pharmacy persuaded the Eleventh Circuit to toss one of multiple convictions arising from his role in a large-scale conspiracy to bill insurers for medically unnecessary prescription drugs.

Although the court upheld John Gladden’s convictions for conspiracy, health-care fraud, and mail fraud, it said that the Supreme Court’s decision in Dubin v. United States required the court to vacate his conviction for aggravated identify theft.

Dubin, decided in June, makes clear that the jury instructions used to convict Gladden for aggravated identity theft incorrectly suggested that “mere facilitation” was sufficient to support a ...