United States v. Kohli

847 F.3d 483 (7th Cir. 2017)

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Nature Of The Case

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

Facts

D was a board-certified neurologist with extensive training in the treatment of chronic pain. He operated a private medical practice called the Kohli Neurology and Sleep Center. In 2014, Dr. Kohli was indicted on three counts of healthcare fraud, two counts of money laundering, and ten counts of illegal dispensation of a controlled substance. The jury learned about D's prescribing practices from a variety of sources, including law enforcement and healthcare professionals, several expert witnesses, and D's patients and their family members. D also testified in his own defense. D testified about his medical practice and insisted that he prescribed narcotics in a good-faith effort to help manage his patients' chronic pain. On direct examination, he also testified that no patient had ever died under his care: 'Have you ever had a patient die under your care? No, sir.' He reiterated the point the following day, again on direct examination. P decided to investigate; it checked with the local coroner's office and found that a patient named Kenneth Kramer had died of an accidental overdose while under D's care in 2006. P proceeded to impeach D on cross-examination. P asked him if he remembered his patient Kenneth Kramer. Dr. Kohli replied that he did not. The district court then stopped the government's line of questioning and ordered it to give opposing counsel the materials it had obtained from the coroner's office before the questioning could resume. The next day, D responded that he did not know about Kramer's death until he received the materials from the government the day before. P did not introduce the materials from the coroner's office into evidence, but limited its impeachment to questioning D on cross-examination and was bound by D's answers by order of the district court. D was convicted and appealed in part on the collateral evidence rule.

Issues

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Holding & Decision

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Legal Analysis

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