I do not need a paper written. I am more or less hoping for an outline where each of the questions is answered but the flourish and in depth explanation are not needed. Additionally, any peer-reviewed resources you find would be greatly helpful as I plan to take your answers and further research them so that I may write my paper. I am fine with incomplete sentences, bullet points, or conversational notes. Thanks so much for your help!
Fact Pattern C: Dr. Pointer and the Sweaty Palms Surgeries
Dr. Pointer, a plastic surgeon, was accustomed to living an expensive lifestyle. He had houses in several states and took international vacations several times a year. However, the recent downturn in the economy produced significantly fewer clients than in years past. He was having difficulty paying all his bills, much less doing the expensive things he liked to do.
He realized that people might be in need of money and started advertising for â€œsweaty palmsâ€ surgery, where he would â€œfixâ€ their sweaty palms issues without any cost to them as their insurance would cover it. In fact, in person, he promised patients he would give them $500 for having the minimally invasive surgery. Many didnâ€™t have a legitimate â€œsweaty palmsâ€ issue, but Dr. Pointer assured them what he was going to do wouldnâ€™t make much difference. They would agree to a minimally invasive procedure, and Dr. Pointer would overcharge insurance companies by $2500 a patient, then pay out $500 to each patient.
On top of that, he kept minimal records on each patient and didnâ€™t do any follow-up visits.
Sometimes, patients expressed hesitation. They didnâ€™t really think they had a sweaty palms issue. Dr. Pointer started submitting false invoices to insurance companies on these people as he now had their insurance information.
One such person, Beth, received a confusing statement from her health insurance company regarding sweaty palms surgery with Dr. Pointer. She had met with him but opted not to have the surgery. She called the police and reported the matter to them.
Local police went to Dr. Pointerâ€™s office to investigate. His assistant told the police he wasnâ€™t there. The police demanded his office files. The young assistant didnâ€™t know what to do. She said, â€œNo, I donâ€™t think I can turn them over to you. I havenâ€™t seen any legal documentation that you are allowed to do that.â€ However, the police raided the office anyway.
The police found Bethâ€™s file, which indicated her insurance company was billed for a surgery she said she never had. The police turned the matter over to the district attorney, who decided to prosecute. The DA got a warrant for Dr. Pointerâ€™s arrest and gave it to the police.
The police went to Dr. Pointerâ€™s house. The door was open, and they went inside without knocking. They saw him sitting in his back pool and arrested him.
1) At trial, the prosecution seeks to introduce statements of Beth as made to the police in a police report. What rules from the Federal Rules of Evidence will apply in this case? Rely on the entire Fact Pattern and any new facts introduced in directions here.
2) What are the elements of the crime the prosecution must prove?
3) What violations of criminal procedure by law enforcement, if any, occurred?
Be specific in your discussion of the applicable law.
Discuss arguments that could be made on both sides of any issue raised
4) If you are called as an expert witness in this case in your capacity as a fraud examiner, what would you focus on to support the prosecution?
5) What would you say if you were called to support the defense?
Indicate what additional investigation and research you might need to do.
Indicate what qualifications you would need to have to qualify as an expert witness.