As Amended July 17, 2015.
APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO. Hon. Francisco A. Besosa, U.S. District Judge.
John H. Cunha, Jr., with whom Jaime Zambrana and Cunha & Holcomb, P.C., were on brief, for appellant
H. Manuel Hernández for appellant Carlos López-Díaz.
John A. Mathews II, Assistant United States Attorney, with whom Rosa Emilia
Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.
Before Lynch, Kayatta, and Barron, Circuit Judges.
KAYATTA, Circuit Judge.
These consolidated appeals present a rare example of a trial record that lacks sufficient evidence to support a guilty verdict returned by a jury. Carlos
López-Díaz (" Carlos" ), a dentist, operated a mobile dental clinic in Puerto Rico. His brother,
José López-Díaz (" José" ), is a medical doctor who billed Medicare for services to Carlos's patients that José never provided. The jury convicted José of health-care fraud, conspiracy to commit
health-care fraud, and aggravated identity theft for using personal information gathered from Carlos's patients. Based on the fact that Carlos gave José access to his patient billing information while knowing that José never treated, or even saw, any of the patients, the government also obtained a verdict against Carlos on the conspiracy and aggravated identity theft charges. While we find no error in José's convictions, we reverse the verdict against Carlos because the prosecution did not present enough evidence to support his convictions without undue speculation.
We limit our summary here to the basic contours of the health-care fraud scheme and proceedings below, reserving a fuller exposition of the relevant facts in the proper light for our discussion of particular issues. See Unit ...