The appellant was convicted of alleged health-care fraud in connection with his durable medical equipment business. Restitution cannot be awarded for "losses" attributable to conduct outside the temporal scope of the scheme charged; the same is true for conduct not charged as part of the scheme. In calculating the correct restitution, the district court may require the defendant to assist by demonstrating the amount of restitution credit he is due. 5th U.S. Circuit Court of Appeals, No. 12-40244, 08-29-2013.
United States v. De Leon
August 29, 2013