By: Derek Hawkins//September 26, 2016//
7th Circuit Court of Appeals
Case Name: United States of America v. Robert Kolbusz
Case No.: 15-2962
Officials: BAUER, POSNER, and EASTERBROOK, Circuit Judges.
Focus: Wire Fraud – Indictment Change
Kolbusz, a dermatologist, submitted thousands of claims to the Medicare system and private insurers for the treatment of actinic keratosis, a skin condition that sometimes leads to cancer. He received many millions of dollars in payments. The evidence at trial permitted a reasonable jury to conclude that many if not substantially all of these claims could not have reflected an honest medical judgment—and that the treatment Kolbusz claimed to have supplied may have failed to help any patient who actually had actinic keratosis. We need not recount the evidence. Kolbusz put on a vigorous defense, but the record permitted the jury to find that he committed the crimes as charged.
Affirmed