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U.S. v. JANATI

No. 04-4081.

374 F.3d 263 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Abdorasool JANATI; Forouzandeh JANATI, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 9, 2004.

Attorney(s) appearing for the Case

ARGUED: Steve Alan Linick, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for Appellant. Eric Lloyd Yaffe, Schmeltzer, Aptaker & Shepard, P.C., Washington, D.C., for Appellees. ON BRIEF: Paul J. McNulty, United States Attorney, Thomas H. McQuillan, Assistant United States Attorney, Alexandria, Virginia, for Appellant. Martin J. Gaynes, Roland B. Ninomiya, Schmeltzer, Aptaker & Shepard, P.C., Washington, D.C., for Appellee Abdorasool Janati; David Schertler, Barry Coburn, Coburn & Schertler, Washington, D.C., for Appellee Forouzandeh Janati.

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge TRAXLER joined.

OPINION

NIEMEYER, Circuit Judge:

The government filed this interlocutory appeal during the course of a complex healthcare fraud prosecution, requesting that it be given what it contends is the necessary evidentiary latitude to prove its case.

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