Appeals

i-appealsA person convicted of a health care fraud offense has 14 days from the date the judgment of sentence is entered to file a notice of appeal with the Court of Appeals.

Failure to file a notice of appeal in a timely fashion will waive/forfeit the provider’s appellate rights so diligence is of the utmost importance. After the notice of appeal has been properly filed, briefs and other documents are submitted to the Court of Appeals explaining why the health care fraud conviction should be reversed or the sentence reduced.

Appealable issues may include:

  • Errors by the trial judge in admitting evidence at trial
  • Prosecutorial misconduct
  • Trial motions filed by the provider which were improperly denied
  • Trial motions filed by the government were improperly granted
  • Errors in the calculation of the Sentencing Guidelines
  • Imposition of an unreasonable sentence.

Mark Greenberg has been an effective and successful advocate in the Court of Appeals on behalf of clients who have been convicted of, and sentenced for, violations of federal law. Mark Greenberg has been a member of the bar of the Supreme Court of the United States for over 30 years.