972 F.3d 1002
8th Cir.2020Background
- Dr. Devon Golding owned National Medical in St. Louis and (beginning in 2009) was involved with Allegiance Medical Services, a lab that operated in the clinic’s basement.
- Golding received ~22 checks (~$30,000 total) from Allegiance labeled as rent, utilities, equipment, and a $1,000/month medical director fee; many payments continued after he stopped performing director duties.
- Allegiance co-owner Anthony Camillo cooperated with the government and testified the payments were made in exchange for Golding’s referrals ("goodwill") and that Allegiance submitted reimbursement claims to Medicare/Medicaid; Camillo testified he knew such referral payments were federally prohibited.
- Indictment charged Golding (and others) with conspiracy to violate the Anti-Kickback Statute and defraud a health care benefit program (18 U.S.C. § 371) and multiple counts of health care fraud (18 U.S.C. § 1347); Golding was tried separately and convicted on Counts 1, 3–6.
- Golding moved for judgment of acquittal (arguing the government had not proved he received illegal kickbacks); the district court denied the motion and the Eighth Circuit affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy under 18 U.S.C. § 371 | Gov't: evidence showed an agreement with Camillo to operate a lab that profited from illegal kickbacks and Golding participated | Golding: payments were legitimate (rent/salary), no actual kickbacks proven | Affirmed — conspiracy is an inchoate offense; jury could reasonably find agreement and Golding’s knowing participation |
| Sufficiency of evidence for health-care fraud under 18 U.S.C. § 1347 | Gov't: co-conspirators (Camillo/Allegiance) submitted fraudulent Medicare/Medicaid claims in furtherance of the scheme | Golding: he did not personally receive kickbacks or submit claims | Affirmed — Pinkerton liability applies; Golding liable for substantive frauds committed by co-conspirators in furtherance of the conspiracy |
Key Cases Cited
- Iannelli v. United States, 420 U.S. 770 (1975) (conspiracy is an inchoate offense; conviction does not require completion of substantive offense)
- Pinkerton v. United States, 328 U.S. 640 (1946) (co-conspirator liability for substantive crimes committed in furtherance of a conspiracy)
- United States v. Cook, 603 F.3d 434 (8th Cir. 2010) (standard of review for denial of judgment of acquittal)
- United States v. Mendoza-Larios, 416 F.3d 872 (8th Cir. 2005) (upholding convictions unless no reasonable jury could find guilt)
- United States v. Mauskar, 557 F.3d 219 (5th Cir. 2009) (elements of conspiracy under § 371)
- United States v. Williams, 507 F.3d 905 (5th Cir. 2007) (conspiracy element discussion cited)
- United States v. Jenkins-Watts, 574 F.3d 950 (8th Cir. 2009) (Pinkerton doctrine explained)
- United States v. Hayes, 391 F.3d 958 (8th Cir. 2004) (co-conspirator liability principles)