2 page-paper brief for a case Essay Example | Topics and Well Written Essays - 500 words

2 page-paper brief for a case - Essay Example SDI defendants aggressively marketed a test for diagnosing a common sleep disorder. According to an affidavit sworn by IRS Special Agent Julie Raftery, they at times billed twice for their services and made reward payments to doctors who participated in their tests. The US government claims that SDI employees who were in participating physicians’ offices would persuade patients to take part in a sleep study. As the cardiac diagnostic companies doing business with SDI would claim to complete a report of the results of the sleep studies, SDI staff would put fake stamps bearing the signatures of physicians reports. SDI would then recommend that a patient should take part in further studies, in which the patient’s health insurer would pay for them. The affidavit revealed cases of suspected tax fraud. At the end of a 2 year investigation led by the Internal Revenue Service with the active participation of 4 other federal and state agencies, investigators concluded that SDI F uture Health, Inc. had committed Medicare fraud. Based on the results gotten from the investigation, IRS Special Agent Julie Raftery sought for a warrant to search SDIs premises on January 28, 2002. The warrant was based on an affidavit which had information collected from 3 former employees and 2 associates of SDI.  Whether the warrant incorporated Special Agent Rafterys affidavit can be evaluated to check if it meets [the Fourth Amendments] requirements. If incorporated, then the affidavit should be evaluated to see if it satisfies deficiencies in the warrant. The SDI defendants also purportedly forced patients to make visits to SDI clinics, and told them that their assigned doctors had asked them to participate in the sleep studies. The US government states that Kaplan and Brunk lack a base to challenge the search and collection of materials from SDI’s premises. According to the government, a corporate defendant has standing with respect to searches of corporate property and