UNITED STATES V. LINDSTROM 698 F.2d 1154 (1983) CASE BRIEF

UNITED STATES V. LINDSTROM

698 F.2d 1154 (1983)

NATURE OF THE CASE: Lindstron (Ds) appealed their convictions for mail fraud under 18 U.S.C.S. 1341 and 1342, and conspiracy to commit mail fraud under 18 U.S.C.S. 371. Ds argued that pre-indictment delay denied them due process and that the trial court erroneously restricted their rights to discovery and to cross examination of a key witness.

FACTS: The charges in this case centered around a physical therapy business. The government's key witness testified that she had participated with Slater and Lindstrom (D) in falsifying patient records to reflect treatment the patients did not receive. The government's key witness testified that during the period when she was overseeing operations at Bay Therapy, she, Lindstrom and Slater had discussed alteration of records, that she and Lindstrom had in fact changed records, that Slater and Lindstrom had ordered her to duplicate billing cards and that patients signed up for treatments they did not receive. Other witnesses testified about Slater's attempts to secure business for the clinic, and a number of former patients related their divergent experiences with Bay Therapy. Insurance claims managers debated whether increased therapy bills would in fact result in higher settlements, and an attorney outlined the factors he customarily considered in settling personal injury cases. Ds testified at the trial, denying all charges. The trial court had placed limitations on D's ability to cross-examine the witness regarding her prior psychiatric treatment and confinement. D appealed, arguing that such limitations deprived them of the rights under the Confrontation Clause of the Sixth Amendment. Ds contend that the district court improperly (1) placed limitations on questioning of the government's chief witness relating to her prior psychiatric treatment and confinement, and (2) denied Ds access to medical records suggesting that the government's witness suffered from psychiatric illnesses, including delusions.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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