Criminal Law: USA v. Dr. Robert W. Stokes Name: Institution: Course: Tutor: Date: Criminal Law: USA v. Dr. Robert W. Stokes The case against Dr. Robert stokes According to Cornell University Law School, “Criminal law involves prosecution by the government of a person for an act that has been classified as a crime” (Cornell University Law School, 2010, Para 1)…
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In the case against Dr. Robert W. Stokes, the federal government of the United States filed the suit. Dr. Stokes (defendant) had a case in which the government (United States of America) was the plaintiff. As such, Dr. Stokes’s case is a criminal case and is dealt with under criminal law. After a jury trial in which Boggs More and Gibson were the circuit judges, Dr. Robert W. Stokes was charged with thirty –one counts of frauds in health care. Actual Charges Filed Against Him Dr. Robert W. Stokes, a licensed and board-certified dermatologist who was operating in Grand Rapids, Michigan, was charged with thirty –one counts of frauds in health care. The federal agents initiated investigative audit Stokes billing practices in 2001into to determine if he was billing Medicare and insurers higher than the actual cost of services that he rendered to outpatients. The Fed agents established that Dr. Stokes had significant improprieties in his billing practices. According to the audit report, Dr. Stokes wrongly informed his patients that they had cancer and performed unnecessary procedures so as to receive higher reimbursement. Further, Stokes used falsified billing systems, such as up-coding surgical procedures in order to receive higher rates of compensation. Dr. Stokes was also found to have frequently billed office visit and a surgical procedure in a single day, which was prohibited by insurers. Dr. Stokes diagnosed his patients with impetigo, a rare condition in adults, to justify the unnecessary office visits. It was found that he failed to properly sterilize medical equipments he was sharing on patients. Dr. Stoke was thus charged with numerous counts of health-care fraud. Health care professionals are expected to act morally and ethically in their practice (Clevette, Erbin-Roesemann & Kelly, 2007). In his defense, Stokes emphasized good faith and argued that the mistakes were honest mistakes, but this was rejected by the court on the ground that the evidence showed knowledge and intent by him in his actions. In a similar case, Professor Thomas Butler was convicted for defrauding the Texas Tech University for unnecessary consulting for drug companies (Enserink, 2005). According to Nolan and White (n.d), a person is liable under the federal False Claim Act when the person intentionally presents a fraudulent claim for payment or utilizes a false record to defraud or conspires with others in a violation of the False Claim Act. Health care frauds such as coding false claim, as in Dr. Stokes case, constitute False Claims Act (Nolan & White, n.d). The Punishment He Received and the Justification of the Final Outcome Upon establishing that Dr. Stokes was guilty of the thirty-one counts of health-care fraud based on the evidence presented before the court, the district court then proceeded to determine Stokes’s sentence. The sentence was calculated with relevant advisory guidelines range. The court counted the patients of Dr. Stokes’s among his victims and applied a six-level enhancement for a violation with 250 victims or more, under the provisions of USSG §2B1.1 (b) (c). Arguing that the six-level enhancement was uneven with mischief suffered by the patients, the court departed it to two levels, which it found to fit Stokes’
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(Criminal Law / Civil Law Essay Example | Topics and Well Written Essays - 750 Words)
“Criminal Law / Civil Law Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1492909-criminal-law-civil-law.
Key Differences between Civil law and Criminal law.
In administration of justice, people depend on different issues that surround the cases of involved according to the evidence given. Judgment is given according to the different sources of evidence that are availed in cases that presented to the judges or magistrates in a court of law.
After high School he was admitted at Missouri-Kansas city high school where he studies pharmacy. After his education he established a pharmacy in Kansas City at Research Medical Towers. In addition Courtney was reported to be an active member of his Assembly of God church in the Kansas City where he used to fellowship as contribute substantial amount of money to support church mission.
This article aims at analyzing and presenting the differences between civil law and criminal law in a fairly lucid and easy manner.
When is a legal problem criminal and when is it civil What difference does it make whether it is criminal or civil There are more than one ways to answer these questions.
However, this paper will converge its analysis of the difference between criminal and civil law in relation with how they compliment and/or conflict with each other and their contribution to overall safety
In this paper, I describe the purpose, types, and essential elements of a contract in healthcare and offer examples important healthcare contracts.
The major purpose of a contract is to define expected relationships to which the involved parties are willing to be bound.
In the case of Arthur versus St. Peters Hospital similar situation occurred. Arthur was admitted to the hospital when he got his left wrist injured. In the hospital, his X-rays were ordered to identify his injuries;
However, while he was expected to fully take responsibility of his actions that involved the use of unsterilized needles with his clients.
Doctor Stokes was sentenced to 101/2 years in jail for insurance fraud as well as three extra
Besides the sale of the diluted drugs, Courtney is accused of misrepresenting data on the diluted drugs as undiluted, tempering with products, and misbranding products. According to the facts of the case, Courtney diluted fifty doses of Gezmar
inal acts, for example, Cain slaughtering Abel, and the story of the Good Samaritan, who arrived to offer some timely help a man who had been robbed, badly injured, and left to die.
Criminal laws manage human conduct and provide guidelines to individuals on what they must do
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