Prosecutors claim Dr. Melgen made Medicare claims for procedures that either never happened or were medically unnecessary. However, his lawyers argue some of the false claims ultimately benefited patients who received unapproved treatments.
The defense also claims questionable methodology used by federal investigators overestimates the amount Dr. Melgen owes the government. The amount Dr. Melgen owes should be reduced to $64,369.
While prosecutors are pursuing a 30-year sentence, Dr. Melgen’s lawyers seek a shorter punishment, potentially already counting the time he has served since his April conviction. As part of an unrelated case, different federal prosecutors may also seek a retrial for bribery charges against Dr. Melgen and Sen. Bob Menendez, D-N.J., after a November mistrial.
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