United States v. Christopher Iruke

MEMORANDUM

Following a jury trial, Christopher Iruke and Connie Ikpoh were each convicted of conspiracy to commit health care fraud in violation of 18 U.S.C. § 1349 and of multiple counts of health care fraud in violation of 18 U.S.C. §§ 1347 and 2(b). Iruke appeals his convictions and sentence, arguing that the district court erred in (1) denying his motion to suppress evidence found in the church where he served as pastor; (2) excluding evidence showing that the Anti-Kickback Act, 42 U.S.C. § 1320a-7b(b)(2), does not totally prohibit the payment of referral fees; and (3) adding a 20-level sentence enhancement instead of an 18-level enhancement under United States Sentencing Guideline § 2Bl.l(b)(l) for the amount of loss to the victim. Ikpoh appeals her health care fraud convictions based on insufficiency of the evidence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm as to both appellants.

First, Iruke contends that the district court should have granted his motion to suppress evidence discovered pursuant to a search warrant because the warrant affidavit contained illegally obtained information discovered during a prior, cursory protective sweep of Arms of Grace…