PAULUS CLAIMING ‘DOUBLE JEOPARDY’ IN FRAUD CASE
Dr. Richard Paulus’s attorneys have filed a motion to dismiss his charges on grounds of double jeopardy.
Paulus was convicted by a jury in 2016 of committing health care fraud for allegedly performing unnecessary heart stents in order to charge insurers more money.
Following the conviction, a district court vacated it, only to have it overturned by the Sixth Circuit Court of Appeals.
In January 2019, a letter surfaced from KDMC that showed only 75 of the 1,049 stent procedures were flagged as unnecessary. The letter was placed under seal following a motion by KDMC to have it protected for confidentiality reasons.
Paulus filed for an appeal in June 2019, after being sentenced to five years. The Sixth Circuit Court of Appeals reversed itself on March 5 on grounds that it didn’t have the letter in its possession.
While Paulus has been freed from prison, he still remains under indictment.
May 5 a motion to dismiss, Paulus’s attorneys argue to the district court that retrying the doctor would result in a violation of double jeopardy, the constitutional principle that one can’t be tried for the same crime twice.
According to the motion, the Department of Justice’s Office of Professional Responsibility has also opened an internal probe into the case following the second appeal.
The federal court docket shows the government has until May 26 to respond to the motion.