United States District Court, W.D. Louisiana, Shreveport Division
HORNSBY MAGISTRATE JUDGE.
MAURICE HICKS, JR., CHIEF JUDGE.
the Court is a Magistrate Appeal filed by Defendant Robert C.
Poimboeuf (“Mr. Poimboeuf”). See Record
Document 65. Pursuant to Federal Rule of Criminal Procedure
59, Mr. Poimboeuf objects to portions of Magistrate Judge
Hornsby's Memorandum Order of April 22, 2019.
See Record Document 61. The Government has opposed
the Magistrate Appeal. See Record Document 69. For
the reasons set forth below, Mr. Poimboeuf's appeal is
DENIED and Magistrate Judge Hornsby's
Memorandum Order of April 22, 2019 is
and Donna Poimboeuf are charged with one count of conspiracy
to defraud the United States and four counts of making false
statements on income tax returns. See Record
Document 30. Mr. Poimboeuf's appeal relates to the
Magistrate Judge's ruling on a defense discovery motion.
See Record Document 45. In his appeal, Mr. Poimboeuf
requests that portions of Magistrate Judge Hornsby's
Memorandum Order of April 22, 2019 be modified or set aside.
Such portions relate to Magistrate Judge Hornsby's denial
of Mr. Poimboeuf's motion for the production of
government records relating to the investigation of Medicare
billing and reimbursement practices of the Poimboeufs'
business, D&G Holdings, LLC (“D&G”).
A district judge may refer to a magistrate judge for
determination any matter that does not dispose of a charge or
defense. The magistrate judge must promptly conduct the
required proceedings and, when appropriate, enter on the
record an oral or written order stating the determination. A
party may serve and file objections to the order within 14
days after being served with a copy of a written order or
after the oral order is stated on the record, or at some
other time the court sets. The district judge must consider
timely objections and modify or set aside any part of the
order that is contrary to law or clearly
F.R.Cr.P. 59(a). Thus, this Court may modify or set aside
Magistrate Judge Hornsby's Memorandum Order only if such
order is contrary to law or clearly erroneous.
underlying motion practice and now as part of his appeal, Mr.
Poimboeuf maintains that the Medicare audit records relating
to D&G's billing practices are necessary to determine
if and how much the gross receipts of D&G - and thus the
Poimboeufs' income - were underreported on federal tax
returns. Mr. Poimboeuf also contends that such records are
relevant as to lack of knowledge and willfulness concerning
the tax-related inaccuracies alleged by the Government.
Government counters by noting that the records,
i.e., the Medicare audit file, sought by Mr.
Poimboeuf are not within its possession. Rather, the Medicare
audit file is in the possession of AdvanceMed, the Medicare
auditor. Moreover, the Government argues that the Medicare
audit file is immaterial because such file contains records
and documents relating to D&G billing and reimbursement
practices. The Medicare audit file is simply not relevant to
the charges of willfully filing false tax returns and
conspiring to defraud the United States as it pertains to
federal income taxes.
undersigned has reviewed the entirety of the record and holds
that Magistrate Judge Hornsby's Memorandum Order of April
22, 2019 was neither contrary to law nor clearly erroneous.
The Poimboeufs are charged with conspiracy to defraud the
United States and making false statements on income tax
returns. The charges do not relate in any way to
D&G's billing and/or reimbursement practices; thus,
an investigative file relating to whether previously paid
Medicare claims were fraudulent is irrelevant. Like Magistrate
Judge Hornsby, the undersigned will not compel the Government
to produce an investigative file on charges that were not
indicted. Without more, Mr. Poimboeuf has failed to
demonstrate how Magistrate Judge Hornsby's Memorandum
Order was contrary to law or clearly erroneous.
IT IS ORDERED that the Magistrate Appeal
(Record Document 65) filed by Defendant Robert C. Poimboeuf
is DENIED and Magistrate Judge Hornsby's
Memorandum Order of April 22, 2019 (Record Document 61) is
DONE AND SIGNED.