94 F. Supp. 3d 258
D. Conn.2015Background
- Faux is charged with health care fraud, obstruction of a federal audit, filing a false tax return, and aiding and abetting; superseding indictment #21.
- Motions to suppress evidence from December 8, 2011 searches and a Franks hearing were filed; other motions included suppression of statements and grand jury review-related requests.
- Warrants were issued for Faux’s home and business after a prolonged investigation prompted by an informant (CW-1) alleging that Faux billed personal training as physical therapy.
- Government conducted extensive investigative steps: grand jury subpoenas, wire recordings, and an undercover visit to Faux’s practice to corroborate CW-1’s claims.
- Interrogation of Faux occurred at her home during the search on December 8, 2011, for about two hours without Miranda warnings.
- Court previously ruled on related motions; this decision addresses the remaining motions to suppress evidence, seek a Franks hearing, and suppress statements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause and warrant validity | CW-1’s reliability undermines probable cause | CW-1’s statements are unreliable and uncorroborated | Warrants are valid; probable cause supported by totality of circumstances |
| Franks hearing necessity | Misrepresentations/omissions in affidavit warrant Franks | No substantial falsehood or material omission affect probable cause | Franks hearing not required; omissions do not defeat probable cause |
| Custody for Miranda purposes during home interrogation | Presence of many officers and restraints show custody | Not in custody because no arrest and movement restrictions explained | Faux was in custody; Miranda warnings required; statements suppressed |
| voluntariness of statements | Statements coerced by government conduct | Interrogation was non-coercive | Not necessary to decide beyond custody; voluntary under standard; limited impact on ruling |
| Denial of related requests (Brady, bill of particulars, etc.) | Requests should be granted to ensure fair process | Earlier rulings resolved these issues | Not addressed in this ruling; other rulings remain controlling |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause assessed under totality of the circumstances)
- United States v. Wagner, 989 F.2d 69 (2d Cir. 1993) (substantial basis standard for probable cause)
- United States v. Elmore, 482 F.3d 172 (2d Cir. 2007) (sliding scale corroboration for informants)
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (presumption of validity for search-warrant affidavits; Franks hearing when false statements)
- Panetta v. Crowley, 460 F.3d 388 (2d Cir. 2006) (innocent behavior can support probable cause; corroboration matters)
- Beheler, 463 U.S. 1125 (Supreme Court 1983) (Beheler referenced in custody analysis)
- In re Beholding Miranda law, 429 U.S. 492 (U.S. 1977) (Miranda warnings required for custodial interrogation)