The retrial of a former Clarence resident accused of making millions in wrongful insurance reimbursements has been scheduled for December, but it could be delayed over a defense lawyer's schedule.
Federal prosecutors accused Michael W. Luehrsen of orchestrating a pyramid operation in which he recruited others to look for patients with certain insurance coverages and doctors willing to sign prescriptions for custom medications, even if the patients didn't need them. In one case cited by prosecutors, creams for scars, wounds and pain sent to one family cost an insurance plan more than $2.8 million.
U.S. District Judge Lawrence Vilardo declared a mistrial in March when jurors could not reach a verdict on a health care fraud charge and 11 money laundering charges. Jurors acquitted him of eight money laundering charges and two evidence tampering charges.
Luehrsen's lawyers asked Vilardo to dismiss the remaining charges, contending the jury’s one-week deliberation and partial verdict showed insufficient evidence.
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The judge refused, saying, "The one-week deliberation cuts both ways, as clearly at least one juror thought the government had met its burden."
– Staff Report
