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RIETH-RILEY CONSTRUCTION CO., INC.,
Petitioner/Cross-Respondent,
v.
NATIONAL LABOR RELATIONS BOARD,
Respondent/Cross-Petitioner.
   Nos. 23-1899/1946
On Petition for Review and Cross-Application for Enforcement
of an Order of the National Labor Relations Board.
Nos. 07-CA-261954; 07-CA-269365; 07-CB-247398.
Argued: July 25, 2024
Decided and Filed: August 14, 2024
Before: MOORE, COLE, and MATHIS, Circuit Judges.


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OPINION
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COLE, Circuit Judge. This action concerns an unfair labor practice dispute between Rieth-Riley Construction Co., a highway construction contractor in Michigan, and Local 324, International Union of Operating Engineers, AFL-CIO (the Union), which represents employees at road construction contractors, regarding subcontracting and employee wages. This matter comes before us on Rieth-Riley’s Petition for Review and the Board’s Cross-Application for Enforcement of a Final Order of the Board. We enforce the NLRB’s decision and order, hold that the President can remove the NLRB General Counsel at will, and hold that the General Counsel had unreviewable prosecutorial discretion to fashion complaints on behalf of the parties.



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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOSEPH BETRO (22-1106); MOHAMMED ZAHOOR (22-1107); TARIQ OMAR (22-1465); SPILIOS PAPPAS (22-1568),
Defendants-Appellants.
   Nos. 22-1106/1107/1465/1568
Appeal from the United States District Court for the Eastern District of Michigan at Detroit.
No. 2:17-cr-20465—Denise Page Hood, District Judge.
Argued: October 24, 2023
Decided and Filed: August 14, 2024
Before: WHITE, NALBANDIAN, and MURPHY, Circuit Judges.


_________________________
OPINION
_________________________

NALBANDIAN, Circuit Judge. Joseph Betro, Mohammed Zahoor, Tariq Omar, and Spilios Pappas conspired to defraud Medicare by giving patients medically unnecessary back injections and bribing them with opioid prescriptions. The defendants then fraudulently billed the injections through Medicare as “facet injections,” because those would be reimbursed at a higher rate than the Marcaine injections that they provided. To supplement their ill-gotten gains, they regularly ordered expensive and medically unnecessary urine-drug-testing panels and referred patients to ancillary services like home healthcare in exchange for kickbacks.

After trial, a jury convicted each of them of conspiracy to commit healthcare fraud and wire fraud under 18 U.S.C. § 1349 and healthcare fraud under 18 U.S.C. § 1347. They each now raise various challenges to the validity of their individual convictions and the trial procedure. We AFFIRM.