High Court's Expert Ruling May Help Health Fraud Defendants

Litigation attorneys Steven Block, Eddie Jauregui and Allison Luzwick co-authored a Law360 article about the potential impact of the U.S. Supreme Court's recent decision in Diaz v. U.S. on the use of expert testimony in criminal healthcare fraud cases. The article examines how the court's ruling, which allows expert witnesses to testify about the mental state of most individuals without violating Federal Rule of Evidence 704(b), could open the door for both the prosecution and defense to introduce critical expert testimony regarding a defendant's intent, a key element in healthcare fraud cases. The authors suggest that this decision may lead to a battle of experts, potentially making it more difficult for the government to prove intent beyond a reasonable doubt in these complex cases.

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