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U.S. v. Wahab

Superseding Indictment Meets Rule 7(c), Properly Claims Wire, Health Care Fraud Conspiracy

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OPINION AND ORDER The remaining Defendants in this case, except for Aamir Wahab and William Washington, have moved to dismiss the Superseding Indictment (S7) (“the Indictment”) and to compel the Government to produce a bill of particulars, to fulfill its disclosure obligations pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972), and to produce grand jury materials for review.1 For the reasons stated below, the pretrial motions are DENIED. BACKGROUND The National Basketball Association (“NBA”) offers a Health and Welfare Benefit Plan (“the Plan”) that is funded by the NBA for the benefit of basketball players who have played for teams in the league and their families. Superseding Indictment (S7), Dkt. 497

1, 7. According to the Indictment, the Plan “is a ‘health care benefit program,’ as defined by” 18 U.S.C. §24(b). Id. 7. It provides each Plan participant with a health reimbursement account (HRA), and it invests the corpus of Plan participants’ HRAs collectively. Id. If Plan participants, their spouses, or their dependents incur health care costs, they may submit claims for reimbursement to the Plan or use a Plan-issued debit card to pay for eligible medical expenses. Id.

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