USA v. Sandra Thompson

Filing

UNPUBLISHED OPINION FILED. [13-30279 Affirmed ] Judge: WED , Judge: LHS , Judge: SAH Mandate pull date is 06/20/2014 for Appellant Sandra Parkman Thompson [13-30279]

Case: 13-30279

Document: 00512647379

Page: 1

Date Filed: 05/30/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-30279
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
May 30, 2014
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SANDRA PARKMAN THOMPSON,
Defendant-Appellant
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:10-CR-101-4
Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *

Sandra Parkman Thompson appeals her convictions under 18 U.S.C.
§ 1347 for committing health care fraud, and under 18 U.S.C. § 371 for
conspiring to offer and receive kickbacks in violation of 42 U.S.C. § 1320a-7b(b).
She was convicted of the offenses as a result of her participation in a scheme
by which Young Anyanwu, the owner of Lobdale Medical Services, LLC
(Lobdale) charged Medicare for durable medical equipment that beneficiaries

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

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either received but did not need or did not receive. Anyanwu paid Thompson
on commission to recruit individuals to receive the equipment. Thompson
would acquire the names of potential beneficiaries, use false information about
those beneficiaries to obtain prescriptions and orders for medical equipment
from Dr. Anthony Jase, and deliver those documents to Lobdale to be filled. As
a rule, Jase neither met nor examined the individuals who received equipment.
Thompson argues that the district court erred and abused its discretion
by instructing the jury on deliberate indifference.

However, deliberate

indifference instructions, like the one used in Thompson’s case, which mirror
the Fifth Circuit Pattern Jury instruction, meet the standard set forth by the
Supreme Court in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060
(2011). See United States v. Brooks, 681 F.3d 678, 702-03 (5th Cir. 2012), cert.
denied 133 S. Ct. 836, and cert. denied 133 S. Ct. 837, and cert. denied 133 S.
Ct. 839 (2013). Moreover, the instruction was warranted because Thompson
claimed a lack of guilty knowledge, and the evidence supported inferences that
Thompson was subjectively aware of a high probability of the existence of the
illegal conduct and purposely contrived to avoid learning of the illegal conduct.
See Brooks, 681 F.3d at 701. Specifically, Thompson obtained prescriptions for
Lobdale under highly irregular circumstances, signed an employment contract
that concealed her commission-based pay arrangement with Lobdale, made no
apparent attempt to question Lobdale’s documentation process or payment
procedures, and lied when asked about the nature of her employment
agreement.
Finally, Thompson argues that the evidence was insufficient to support
her convictions. Because Thompson moved for acquittal, our review is de novo.
United States v. Ferguson, 211 F.3d 878, 882 (5th Cir. 2000). We will affirm
her convictions if “viewing all the evidence in the light most favorable to the

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verdict and drawing all reasonable inferences from the evidence in support of
the verdict, a rational trier of fact could have found that the evidence
establishe[d] the essential elements of the offense[s] beyond a reasonable
doubt.” Id. A rational jury could have found, based on the facts in the record,
in particular those highlighted in this opinion, that the evidence was sufficient
to find that Thompson aided and abetted Anyanwu in committing health care
fraud and conspired with Anyanwu to offer and receive kickbacks in violation
of § 1320a-7b(b).
AFFIRMED.

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