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UNITED STATES OF AMERICA,
Plaintiff-Appellant,
v.
RONALD LEE JACOBS,
Defendant-Appellee. |
No. 22-3488 |
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:21-cr-00053-1—Algenon L. Marbley, Chief District Judge.
Argued: March 16, 2023
Decided and Filed: March 28, 2023
Before: McKEAGUE, THAPAR, and LARSEN, Circuit Judges.
_________________________
OPINION
_________________________
THAPAR, Circuit Judge. When Ronald Lee Jacobs learned there was a warrant out for
his arrest, he voluntarily went to the police station. There, an officer questioned him in a manner
consistent with due process, and Jacobs confessed. The district court suppressed his confession.
We reverse. |
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UNITED STATES OF AMERICA ex rel. SHANNON
MARTIN, M.D.; UNITED STATES OF AMERICA ex rel.
DOUGLAS MARTIN,
Relators-Appellants,
v.
DARREN HATHAWAY, M.D.; SOUTH MICHIGAN
OPHTHALMOLOGY, P.C.; ELLA E. M. BROWN
CHARITABLE CIRCLE, dba Oaklawn Hospital,
Defendants-Appellees. |
No. 22-1463 |
Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:19-cv-00915—Jane M. Beckering, District Judge.
Argued: March 8, 2023
Decided and Filed: March 28, 2023
Before: SUTTON, Chief Judge; SILER and MATHIS, Circuit Judges.
_________________________
OPINION
_________________________
SUTTON, Chief Judge. The False Claims Act imposes civil liability for “knowingly
present[ing], or caus[ing] to be presented, a false or fraudulent claim [to the government] for
payment or approval.” 31 U.S.C. § 3729(a)(1)(A). The Act allows individuals with knowledge
of false claims to bring private lawsuits, known as qui tam lawsuits, on behalf of the government.
Id. § 3730(b). Among other types of false claims, the Act covers claims for “items or services
resulting from a violation” of the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(g), which
prohibits medical providers from making referrals “in return for” “remuneration,” id. § 1320a-7b(b)(1)(A). At issue in this case is (1) whether a hospital’s decision not to hire an
ophthalmologist in return for a general commitment of continued surgery referrals from another
ophthalmologist for patients from the local community counts as the kind of “remuneration”
covered by the Anti-Kickback Statute and (2) whether claims from such continued referrals
“result[] from” violations of the statute. Id. § 1320a-7b(b)(1), (g). Because we agree with the
district court that this kind of claim does not establish a cognizable kickback scheme, we affirm
the dismissal of this qui tam complaint. |
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