United States v. Philip Esformes

What is “fraud?”  How does it work?  What are the recourses of someone who has been defrauded?  Is fraud always criminal?

In today's episode, Paul dives into healthcare fraud.  Philip Esformes set up an elaborate scheme which triggered federal agencies like Medicare and Medicaid to pay his companies, and so, him, vast amounts of money.  But the money wasn't actually going to treatment or services, Esformes was just making up fake billing reports, and then making/taking kickbacks to/from other vendors for other services that were either unnecessarily expensive or simply never happened to sweeten the deal even further.

Listen as we discuss the arguments made at trial, why our federal government takes theft from its own coffers so seriously, and what happens when prosecutors abuse their significant powers and seize information which should be protected by a legal privilege.

But then there is more.  This case presents a unique opportunity for us to really explore the distinction between a presidential pardon as opposed to when the president commutes a person's sentence.  To further make this case fascinating, we will look at the unique set of events which is leading the federal government to attempt to put Esformes back on trial after former President Trump let him out of jail.

Listen and enjoy!  

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