Quimbee logo
DMCA.com Protection Status

United States v. Shoemaker

746 F.3d 614 (5th Cir. 2014)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

United States v. Shoemaker

United States Court of Appeals for the Fifth Circuit

746 F.3d 614 (5th Cir. 2014)

Facts

Tri-Lakes Medical Center (Tri-Lakes) was a community hospital in Mississippi. The chairman of Tri-Lakes’s board of trustees, David Chandler, and its COO, Raymond Shoemaker (defendant) were participants in a bribe and kickback scheme involving the hospital. Chandler agreed to direct nursing contracts to a nurse-staffing business owned by Garner (defendant) in exchange for $5 for every nursing-hour billed. Chandler earned his kickback by lobbying Shoemaker to increase contracts awarded to Garner’s company. At some point during the scheme, Chandler authorized a $50,000 raise for Shoemaker. Eventually, Tri-Lakes was sold, and Chandler left the board of Tri-Lakes. Shoemaker was promoted to CEO. After the sale of the hospital, Shoemaker met with Garner and Chandler to discuss Shoemaker’s compensation for participating in the scheme. Shoemaker and Chandler spoke privately. Then, Chandler relayed Shoemaker’s demands to Garner. Ultimately, Chandler, Shoemaker, and Garner came to an understanding that Chandler would pay Shoemaker $2,000 per month out of Chandler’s $5-per-hour kickbacks. Chandler paid Shoemaker $12,000 over six months. The government (plaintiff) charged Shoemaker and Garner in count four with conspiracy to violate 42 U.S.C. § 1320a-7b(b)(2) for the bribe and kickback scheme in addition to 11 other counts. A jury found Shoemaker and Garner guilty on all counts. Shoemaker and Garner filed motions for judgments of acquittal on all counts. The district court granted judgment of acquittal on count four because Chandler was not a relevant decision maker with authority of actual procurement of nursing staff, among other judgments of acquittal on some but not all counts. The government appealed.

Rule of Law

Issue

Holding and Reasoning (Garza, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 604,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 604,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 604,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership