Ninth Circuit Clarifies Intended Loss For Cases Involving Health-Care Fraud

The amount fraudulently billed to a health-care insurer constitutes prima facie evidence of the defendant’s “intended loss” under the U.S. Sentencing Guidelines, but the parties may introduce additional evidence to demonstrate that the amount billed overestimates or understates the defendant’s intent, the U.S. Court of Appeals for the Ninth Circuit decided Feb. 11 (United States v. Popov, 2014 BL 36050, 9th Cir., No. 12-10045).

In an opinion by Judge Robert S. Lasnik, sitting by designation, the Ninth Circuit said it had not previously published an opinion addressing the appropriate measure of loss for sentencing purposes in cases involving ...