Corporation and Owner Distinct Legal Entities Capable of Entering Into Conspiracy; United States District Court for the District of South Dakota, Southern Division, No. CIV 16-4115, U.S. ex rel. C. Dustin Bechtold M.D. and Bryan Wellman M.D. v. Wilson Asfora M.D., Medical Designs LLC, et al.

The district court denied the defendants’ motion to dismiss a qui tam case alleging violations of the False Claims Act and Anti-Kickback Statute. The court found the relators had adequately pleaded that a physician conducted surgeries that were medically unnecessary and more extensive than necessary, because he had a financial incentive to use certain implantable […]
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