Podiatrist Jailed for Participation in Kickback Scheme Prescribing Compounded Medications Solely to Obtain Kickbacks 

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Dr. Alap Shah was convicted of participating in a Kickback scheme where he was paid for prescribing expensive compounded medications in United States Of America v. Alap Shah, No. 19-12319, United States Court Of Appeals For The Eleventh Circuit (November 24, 2020). He appealed the conviction based on what he and the government admitted was an erroneous instruction to the jury.

ZALMA OPINION

This is a classic case of a convicted criminal claiming that his conviction should be reversed because of an erroneous instruction. The problem for Dr. Shah was that the erroneous instruction placed a higher burden on the prosecution than a correct instruction. The jury convicted him because the government proved his criminal conduct beyond a reasonable doubt even though the erroneous instruction made the job of proving the crime more difficult. No harm, no foul, go directly to jail and do not collect $200.00.