Friday, June 11, 2021
On June 3, 2021, the Northern District of Texas ruled on a novel issue in
U.S. v. Hagen (Case No. 3:19-CR-0146-B (N.D. Tex.)). In a health care fraud conspiracy case against DME suppliers, the court held that a good faith defense premised on legal advice received by
another,
uncharged co-conspirator and passed along to the defendants may be introduced at trial. This ruling allows a defendant to introduce derivative advice of counsel to establish his own good faith, i.e., lacking knowledge of wrongdoing and an absence of intent to participate in the offense.
In
Hagen, the government alleged that defendants Leah and Michael Hagen (the Hagens), who owned durable medical equipment businesses, conspired with a third, uncharged individual (Kimble) to defraud Medicare. The Court ordered the Hagens to provide notice of their intent to assert an advice of counsel defense, or any good faith defense that in any way related to advice of counsel, an
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