United States v. Medical Therapy Sciences

Stanley Berman and his company, Medical Therapy Sciences (MTS) (defendants), were charged with submitting false Medicare claims. The government's key witness, Barbara Russell, an unindicted coconspirator, testified on direct examination about her prior fraud-related drug convictions and about Berman's accusations that she had stolen money and patients from him, which she denied; on cross-examination, defense counsel pressed her pointedly about the fraudulent nature of those convictions and about the patient-theft accusations, and also called a witness who testified Russell suggested he steal from MTS. On rebuttal, the government introduced witnesses to bolster Russell's character and reputation for truthfulness. Berman and MTS were convicted and appealed, arguing the cross-examination merely showed bias rather than attacking Russell's veracity, so the bolstering evidence should not have been allowed under Rule 608(a).