Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rousseau v. United States

United States District Court, S.D. Florida

December 2, 2019

ROGER ROUSSEAU, Movant,
v.
UNITED STATES OF AMERICA, Respondent.

          REPORT OF MAGISTRATE JUDGE

          REID, MAGISTRATE JUDGE

         This matter is before the court on movant's pro se motion to vacate, filed under 28 U.S.C. § 2255. [Cv-ECF No. 1');">1');">1');">1]. The undersigned has reviewed all pertinent portions of the records in both this case and the underlying criminal case. As discussed below, movant's motion should be DENIED.

         I. Background

         A. Procedural Background in Underlying Criminal Case

         Movant and his codefendants were charged with conspiracy to commit health care fraud, in violation of 1');">1');">1');">18 U.S.C. § 1');">1');">1');">1349. United States v. Crabtree, 1');">1');">1');">1274');">878 F.3d 1');">1');">1');">1274, 1');">1');">1');">1280 (1');">1');">1');">11');">1');">1');">1th Cir. 201');">1');">1');">18). Further, movant was charged with two substantive counts of health care fraud, in violation of 1');">1');">1');">18 U.S.C. §§ 1');">1');">1');">1347 and 2. Id. The jury failed to reach a verdict on these charges at movant's first trial. Id.

         Movant was retried and convicted of these charges. Id. “The district court applied a six-level enhancement to [movant's] guideline range--a two-level vulnerable victims enhancement and a four-level enhancement for organizing criminal activity involving more than five people.” Id. at 1');">1');">1');">1280-81');">1');">1');">1. This resulted in a guideline imprisonment range of 292-36');">65 months. Id. at 1');">1');">1');">1281');">1');">1');">1. “The district court sentenced [movant] to 1');">1');">1');">192 months in prison . . . and ordered him to pay $23M in restitution.” Id.

         Movant appealed. The Eleventh District affirmed his judgment of conviction. See generally Crabtree, 1');">1');">1');">1274');">878 F.3d 1');">1');">1');">1274.

         B. The Government's Trial Evidence

         The government presented “overwhelming evidence . . . against [movant] at trial.” Id. at 1');">1');">1');">1288. “From 2004 to 201');">1');">1');">11');">1');">1');">1, Health Care Solutions Network, Inc. (HCSN), an operator of mental health centers in Miami and North Carolina, billed Medicare for over $6');">63M in fraudulent claims.” Id. at 1');">1');">1');">1278. Movant, “the medical director at HCSN's Miami locations, was the attending physician for over $30M of fraudulent billing to Medicare at HCSN-East.” Id. at 1');">1');">1');">1279.

         Movant “was crucial to the fraud scheme at HCSN, and there was considerable evidence that he was aware of this.” Id. at 1');">1');">1');">1286');">6. “He signed off on 96');">6% of the fraudulent Medicare claims that came out of HCSN-East, which amounted to over $30M in false claims.” Id. “He was paid almost a million dollars, much of which came in lump-sum payments issued from clandestine bank accounts, to admittedly sign whatever medical documents were put in front of him.” Id. “He appeared at HCSN once every couple of weeks, for a couple of hours, simply for this purpose.” Id. at 1');">1');">1');">1286');">6-87. “He rarely, if ever, met with patients or reviewed their medical needs, nor did he prescribe the individual treatment plans that he signed off on.” Id. at 1');">1');">1');">1287. “And he authorized use of his signature stamp without permission and without review . . . so that the fraudulent documents could be signed more quickly.” Id.

         “Furthermore, numerous witnesses testified directly to [movant's] knowledge of HCSN's healthcare fraud conspiracy.” Id. “[T]estimony at trial directly linked him to the fraud benefits, illegal kickbacks, patient recycling, doctored patient files, and the countless fraudulent medical claims that came out of HCSN, all of which he was ultimately accountable for as the attending physician.” Id.

         C. Procedural Background in This Case

         Movant filed his § 2255 motion. [Cv-ECF No. 1');">1');">1');">1]. The government responded. [Cv-ECF No. 6');">6]. Movant did not reply.

         II. Ineffective Assistance ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.