On June 23, 2022, a jury in US District Court in Greenbelt, Maryland returned a not guilty verdict on all counts for Burnham & Gorokhov’s client, Donnie Amis. The prosecution alleged that our client and his co-defendant participated in conspiracies to defraud Medicaid and to illegally recruit patients to a DC dental practice. Through its verdict, the jury completely rejected the government’s case and acquitted our client of the charges conspiracy to commit health care fraud, mail fraud, and violation of the anti-kickback statute. See the post on White Collar Prof Blog for more coverage. It was a pleasure to work on this case with John McNichols and Allie Eisen of Williams & Connolly, LLP, who stepped up to defend an innocent man.
Let’s consider a criminal trial scenario to illustrate how Rule 801, specifically the co-conspirator exception under Rule 801(d)(2)(E), might come into play. Scenario: Drug Trafficking Conspiracy Trial Defendants: Alice and Bob are on trial for allegedly conspiring to distribute illegal drugs. Prosecution’s Strategy: The prosecution wants to prove that Alice and Bob were working together