The trial considered a unique medical strategy of using chelation therapy to treat conditions like high blood pressure, fatigue, headaches, and stomach problems, according to the U.S. Department of Justice. But the problem for the Georgia physician was that the Federal Drug Administration only recognizes chelation therapy as a treatment for lead poisoning and lead encephalopathy, and Medicare does not cover payments for non-approved drug uses. And so, according to the Justice Department, the Georgia physician falsely claimed to Medicare that his patients suffered from heavy metal poisoning.

According to pre-trial defense filings, a key argument from the physician was that Medicare paid for chelation claims for eight years with no review or audit. This lack of review or audit, according to the physician defendant, meant that use of chelation therapy was not “material” in the eyes of Medicare. The jury, it appears, disagreed with that argument. The government’s counter to the defense’s materiality argument, from pre-trial filings, was testimony about how claims are automatically processed by Medicare and how claims are selected for audit. The government argued that even though Medicare paid chelation claims for eight years without asking questions, the medical use causing chelation therapy was still material to Medicare’s decision whether to pay the claims. The jury, it appears, agreed with the government’s view.

The crux of the case, it appears, was that the physician...

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