Court upholds Philip Esformes' $44M fraud penalties

Philip Esformes, a former nursing home chain operator whose prison sentence was commuted in 2020, is still liable for $44 million in penalties, an appeals court ruled.

A three-judge panel in the 11th U.S. Circuit Court of Appeals unanimously ruled Jan. 6 that federal prosecutors had not improperly reviewed material covered by attorney-client privilege. The ruling makes Mr. Esformes liable for penalties outlined in the case.

Mr. Esformes was found guilty by a jury of more than 20 charges, including paying and receiving kickbacks, money laundering and bribery. He was convicted after an eight-week trial for his role in a $1.3 billion Medicare and Medicaid fraud case. 

Then-President Donald Trump commuted Mr. Esformes' 20-year prison sentence, but the commutation left other aspects of his sentence intact, including restitution.

The Justice Department is set to retry Mr. Esformes on six healthcare fraud criminal charges that were deadlocked during the original trial.

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