If Geoffrey Berman is remembered at all, it will no doubt be for heroically preventing one of President Trump’s golfing buddies from going home six months early. (Things seem to have worked out OK for Jay Clayton all the same.) This is for the best, as his actually stewardship of the U.S. Attorney’s Office for the Southern District of New York is looking worse with each passing day.
In a brief filed on Friday, prosecutors wrote that under the U.S. Supreme Court's ruling last year in U.S. v. Kelley, information from the U.S. Centers for Medicare and Medicaid Services (CMS) could not be considered property under the fraud and conversion statutes, and urged the 2nd U.S. Circuit Court of Appeals to reverse the defendants' convictions on eight counts of fraud and misappropriating government property.
If the court agrees, it would undo most of a jury's 2018 guilty verdicts against Theodore Huber and Robert Olan, the two former Deerfield Management partners, and David Blaszczak, the founder of political consulting firm Precipio Health Strategies.
Feds urge reversal of former hedge fund partners’ convictions [Westlaw Today]