-
The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of Court – Part Two
Dr. Roy S. Shelburne of Virginia
Flap yesterday reported that the money laundering convictions of Virginia dentist, Dr. Roy S. Shelburne, involving Medicaid fraud had been set aside by a federal judge.A federal judge on Tuesday overturned all seven money laundering convictions against a Pennington Gap, Va., dentist, which could set a precedent for how the government prosecutes such cases.
In his order, James P. Jones, chief judge for the Western District of Virginia, upheld three convictions of Roy Silas Shelburne for racketeering, structuring a financial transaction and defrauding Medicaid. Jones’ reversal of the jury’s verdict on the money laundering convictions comes on the heels of a decision last month by the U.S. Supreme Court interpreting the statute, which set a higher burden for prosecutors alleging the offense.
A jury’s convictions are evaluated in the light most favorable to the government, and Jones’ decision to vacate them underscored a substantial shift in the legal grounding of the case.
“To say that I’m pleased with Judge Jones’ opinion in this matter would be an understatement,†said Dennis Jones, Shelburne’s attorney, who previously described the jury’s verdict as the “greatest miscarriage of justice†he had seen in his legal career.
The judge’s order, he said Tuesday, “is significantly in keeping with what my understanding of the law was. He’s right on.â€
Dr. Shelburne continues to face considerable jeopardy with the three remaining felony convictions when he is sentenced on July 10th. He is considering an appeal.
Undoubtedly, there will be new motions to set aside the three other convictions and to allow Dr. Shelburne bail pending appeal.
However, even if the judge allows bail while the appeal is considered, Dr. Shelburne would have his dental license revoked during the appeal process.
Flap bets there is a plea deal before the 10th which would allow Dr. Shelburne to continue to practice dentistry but under financial supervision for a period of time and the payment of a fine.
The case appears thin and the federal prosecutors have definitley been slapped by the judge.
Stay tuned……
Previous:
The Case of Dr. Roy S. Shelburne – 7 of 10 Counts Thrown Out of CourtThe Case of Dentist Dr. Roy S. Shelburne – Sentencing Postponed
Technorati Tags: Dr. Roy S. Shelburne
-
The Case of Dentist Dr. Roy S. Shelburne – Sentencing Postponed
Dr. Roy S Shelburne and dental student (VCU) son Ross
The sentencing of Virginia dentist, Dr. Roy S. Shelburne has been postponed due to a recent United States Supreme Court case relating to his conviction on money laundering.A June 2 ruling by the U.S. Supreme Court regarding the federal statute for money laundering is the latest in a string of delays – ranging from a late-arriving transcript of the trial, to the defense attorney’s computer crashing at the 11th hour – to push back the sentencing.
On Monday, Judge James P. Jones of the U.S. Western District of Virginia said the high court’s split decision in United States v. Santos “may be significant†in sentencing Shelburne.
Jones called the decision “complicated,†and “something I need to study further.â€
It is unclear what if any bearing the high court’s decision will have on the sentencing.
Shelburne was convicted on March 6 of racketeering, health care fraud and money laundering, and faces up to 120 years in prison and a $1.25 million fine.
Dr. Roy Shelburne remains on bail pending sentencing and continues to practice dentistry but on a “dramtically reduced” level.
The judge in the case did not set a trial date for sentencing on Monday. The defense hopes to argue for a new trial at the sentencing hearing.
Stay tuned…..