In anticipation of a ruling from U.S. Court of Appeals for the 11th Circuit, Law360 featured U.S. v. Holland, a $400 million anti-kickback case against former Tenet Healthcare executives, in its list of cases in Georgia to watch in the second half of 2023.
In an interview with Law360, Healthcare Partner Bob Threlkeld said the government had made strong arguments on appeal that the co-conspirator statements show willfulness on behalf of the defendants and others allegedly involved in the kickbacks scheme. Threlkeld, who is not involved in the case, said the defendants had also done a great job defending Judge Totenberg's thorough examination of the evidence.
Threlkeld said the U.S. Supreme Court's June 1 decision in an unrelated SuperValu case, which dealt with the willful standard of the False Claims Act, may inform the Eleventh Circuit's decision.
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