Prosecutors want to retry Florida healthcare exec granted clemency in $1.3B fraud scheme

U.S. Justice Department prosecutors plan to retry a Florida healthcare executive who had his 20-year sentence commuted by former President Donald Trump last year, according to the Miami Herald. 

Mr. Trump commuted a 20-year sentence for Philip Esformes in December, freeing him after he spent four and a half years in prison. 

Mr. Esformes, who operated a network of more than 30 skilled nursing homes and assisted living facilities in Florida, was convicted in April 2019 for his role in a $1.3 billion Medicare fraud scheme. He was found guilty of 20 charges, including paying and receiving kickbacks, money-laundering and bribery, according to the Justice Department. He was sentenced to 20 years in prison and ordered to pay $44.2 million in forfeiture and restitution. The commutation didn't overturn the restitution order.

Now, Justice Department prosecutors are working to retry Mr. Esformes on unresolved healthcare fraud charges from his first trial in federal court. Prosecutors are seeking to bring back the main healthcare fraud conspiracy charge and five more deadlocked counts. 

U.S. District Judge Robert Scola of the Southern District of Florida said he will consider a new trial date for Mr. Esformes early next year. Prosecutors asked the judge to require bond conditions for Mr. Esformes until the trial date is set. 

Read more here

Morgan Haefner contributed to this report. 

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