An Introduction to Litigating the Loss Amount in Health Care Fraud Cases

Exaggerated “loss amounts” proposed by the government in health care fraud cases can arbitrarily increase a client’s sentencing exposure by a significant amount. Defense counsel should consider whether invalid statistical samples were used; determine if the “net loss approach” will benefit the client; and, in a conspiracy case, consider whether the client’s culpability was less than that of the co-conspirators.