Michael Jones v. United States

Petitioners Michael Jones hereby adopts the Petitions for Writ of Certiorari filed by Dr. Henry Evans and Dr. Shelton Barnes and the Questions Presented therein, to wit: Questions Presented by Dr. Evans 1.) Are the Medicare rules, regulations, and policies controlling” in a criminal prosecution under 18 U.S.C. § 1347; i.e. is evidence of compliance or non-compliance with the rules, regulations and policies always relevant to a determination of fraud? 2.) If the Medicare rules, regulations, and polices are not “controlling,” but are “terms of art,” as the Fifth Circuit opined, must these rules, regulations, and policies nevertheless guide the “reliable principles and methods” of any witness proffered as an expert in eligibility for Medicare benefits? Questions Presented by Dr. Barnes 3.) Does the Panel Decision of the United States Court of Appeals for the Fifth Circuit, rendered October 28, 2020 (979 F.3d 283 (5th Cir. 2020), WL 6304699, rehearing denied January 4, 2021 (hereinafter Panel Decision), conflict with its own authority, holding and reversal in U.S. v. Ganji, 880 F.3d 760 (5th Cir. 2018), which is not substantially distinguishable from the present case, and with the same lack of criminal intent and sufficiency of evidence? 4.) Does the Panel Decision conflict with the holding and reversal in the co-defendant and alleged co-conspirator appeal in United States v. Nora, 988 F.3d 823 (5th Cir. 2021),