This section contains the nature of the case and procedural background.

Dr. Carey (D) submitted a claim to Medicare, stating that he performed surgery on the feet of a patient by the name of Celious and that he performed surgery on the feet of a patient named Grinner. No such surgeries were performed by D. The Board of Medical Examiners then determined that D had been convicted of crimes involving moral turpitude and revoked his license to practice podiatric medicine but stayed that revocation and placed D on probation for five years on the condition that he serve an actual suspension of one year. D appealed by writ of mandamus, and the Board got the case back and made a specific finding that moral turpitude was involved. D then filed another petition alleging that moral turpitude was not involved, but this time the trial court did not agree with D. D appealed.

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