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Bergman (D) was a man who appeared to be in high standing in his community and the world. He was a doctor of divinity and an ordained rabbi. D amassed considerable wealth in the ownership and operation of nursing homes, in real estate ventures, and a course of substantial investments. However, he ran a number of nursing homes that purposefully submitted fraudulent Medicaid claims. D worked up a plea agreement. D knowingly and willfully participated in a scheme to defraud the United States in various ways, including the presentation of wrongfully padded claims for payments under the Medicaid program to D's nursing homes. D also admits to having participated in the filing of a partnership return which was false and fraudulent in failing to list people who had bought partnership interests from him in one of his nursing homes, had paid for such interests and had made certain capital withdrawals. D participated in a knowing and purposeful conspiracy to mislead and defraud the Federal Government. D plea bargained to conspiracy to defraud. During sentencing D’s attorney argued that incarcerating D would serve no legal purpose. The district court disagreed and sentenced D to the severe a term of 4 months.

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