UNITED STATES V. MEDICAL THERAPY SCIENCES
583 F.2d 36 (1978)
NATURE OF THE CASE: Medical (Ds) sought review of the convictions arising from filing and
conspiring to file false Medicare claims. Ds contended that character evidence was wrongly
received under Fed. R. Evid. 608(a) to support a government witness's veracity.
FACTS: Berman (D1) and his Connecticut company Medical Therapy (D) were convicted of
filing false claims for Medicare payments and related charges. Proof at trial suggested that
D1 has devised scheme to obtain payment from insurance carriers in Connecticut and New York
using D and its New York branch to double bill for the same patients and to charge for more
expensive equipment than was provided and for supplied neither delivered nor needed.
Russell, a trusted employee and personal intimate of D1 was an unindicted coconspirator who
testified for the government. Russell supervised most of the billing and testified that she
and D1 often discussed the applicable rules and knew that they were obtaining funds to which
they were not entitled. D1 was convicted and appealed; the trial judge erred in permitting
the prosecutor to call a character witness to bolster Russell's credibility as D1 claimed
that Russell alone perpetrated the frauds.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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