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U.S. v. Mills, No. 96-8594 (11th Cir.) (138 F.3d 928) (April 10, 1998) (Judge Emmett Ripley Cox)

Court agreed that the United States was not a proper victim in a Medicare fraud case to support an abuse of trust enhancement, since the defendants owed only a contractual - not a fiduciary - duty to the Government.

 

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