Fifth Circuit: USA v. Mesquias

 Where testimony objectively establishes fraudulent medical billing practices, there is no categorical requirement to establish actual falsity of diagnosis in particular cases.

When appealing a denial of a chance to speak at sentencing, the appellant must cite a basis for reversal or remand, or make a proffer of evidence that would have been offered.

Sufficient evidence of pervasive fraud to shift the burden of proof on the calculation of damages.

USA v. Mesquias