Partners Byron McLain and Pamela Johnston have co-authored an article in the Los Angeles Daily Journal, “Proving intended loss in criminal health care cases,” about three closely watched cases before the Ninth U.S. Circuit of Appeals that could affect how health care fraud cases are litigated, how loss amounts are calculated, and how sentencing hearings are conducted. The issue in all three cases, McLain and Johnston say, is how “usual and customary” billing rates interact with the concepts of intended loss and actual loss in criminal health care cases. And, regardless of how the court ultimately rules, they say, the three cases already offer several instructive takeaways for defense counsel.
