Former Georgia Insurance Commissioner John Oxendine denied knowingly being involved in the fraud scheme and moved to dismiss the criminal charges against him.
A Nov. 4 defense letter filed in federal court in Atlanta argues that the charges against Oxendine do not allege knowledge or intent of his crimes. Further, it alleges that the claims are statute-barred.
Oxendine is indicted for conspiracy Convicted by a federal grand jury on May 17, 2022 of medical fraud and conspiracy to launder money between 2015 and 2017. He pleaded his innocence at his first court appearance.
Oxendine served as state insurance commissioner from 1995 to 2011 before the alleged conspiracy.
In formally seeking to dismiss the charges, Atlanta attorneys Drew Findling and Marissa Goldberg argue the medical fraud law carries an unmet “burden of intent.” According to attorneys, the indictment does not allege that Oxendine knew that the medical claims made were false, and that Oxendine’s attendance at the meeting in Dallas led to Oxendine’s willful criminal conspiracy. does not specifically claim to have participated in
“[T]While his indictment vaguely outlines the conduct that constitutes an alleged conspiracy to commit health care fraud, it fails utterly to assert an element of knowledge on Mr. Oxendine’s part. The indictment alleges non-violating conduct, and we expect the cumulative effect will cast a shadow of guilt on Mr. Oxendine,” his attorney wrote.
The defense further argued that the indictment exceeded the five-year statute of limitations, meaning that some apparent action must have taken place after May 17, 2017. — but all other acts alleged in the indictment occurred outside the five-year limitation period. “While attempting to bootstrap the entire case into this one check, the indictment stated that the $42 check was in fact the benefit of an alleged medical fraud and that Mr. Oxendine knew it was such a benefit. The defense does not claim that the
According to information filed with the court, Oxendine allegedly conspired with Dr. Jeffrey Gallups and others to file fraudulent insurance claims for medically unnecessary tests. As part of the alleged scheme, the Texas research company agreed to pay Oxendine and Gallups a rebate of his 50% of net income. In total, the lab companies filed more than $2,500,000 in claims for lab tests ordered by Gallups’ practices, according to prosecutors, who claim insurance companies paid him more than $600,000 as a result of these claims. Did. The lab company then allegedly paid him a $260,000 rebate through Oxendine’s insurance services business.
At the time of the indictment, Oxendine’s attorney told the Insurance Journal that the client was “subject to this investigation because of his name and seriousness, but to be clear, he did not break the law and I am innocent of this charge,” he said.
Gallups previously pleaded guilty to health care fraud. 36 months sentence in prison in June.
Oxendine, who ran for governor in 2010 but lost the Republican primary, was investigated by the State Ethics Commission for his campaign finances in 2009. solved the last of those cases The Atlanta Journal-Constitution reported in May this year.
Above: Republican gubernatorial nominee John Oxendine speaks to reporters before the polls conclude on the night of the primary election in Atlanta on Tuesday, July 20, 2010. (AP Photo/John Amis)
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