Rep. Biggs slams Biden DOJ for re-prosecuting man pardoned by Trump.

The Biden Administration’s Effort to Retry Philip Esformes is a Travesty of Justice

During a congressional oversight hearing on June 22, Rep. Andy Biggs (R-Ariz.) strongly criticized the Biden administration’s decision to retry former healthcare executive Philip Esformes, calling it “a travesty of justice.”

In 2019, Esformes was sentenced to 20 years in prison for his involvement in a healthcare fraud scheme. However, in December 2020, former President Donald Trump commuted his sentence to time served, but did not pardon him for certain unresolved counts or relieve him of financial obligations and supervised release.

Despite Trump’s commutation, the U.S. Department of Justice (DOJ) decided to retry Esformes on the unresolved counts, a move that has been met with disapproval by legal experts.

The “Largest Healthcare Fraud Scheme Ever Charged”

The DOJ described the Esformes case as the “largest healthcare fraud scheme ever charged” by the agency. Prosecutors alleged that Esformes orchestrated an extensive fraud conspiracy spanning nearly two decades, involving his chain of assisted living and skilled nursing facilities.

Patients at these facilities often did not receive appropriate medical services or were billed for medically unnecessary services, which were then submitted to Medicare and Medicaid for payment.

Furthermore, witnesses testified about poor conditions at many of the facilities, which Esformes allegedly covered up by bribing state officials in Florida.

According to the DOJ, Esformes personally benefited from the fraud by over $37 million. He used the illicit proceeds to make extravagant purchases, including luxury automobiles and a $360,000 watch. He also bribed a University of Pennsylvania basketball coach to secure his son’s admission to the prestigious institution.

A Controversial Trial and Sentencing

In April 2019, Esformes was found guilty of multiple offenses, including fraud, bribery, money laundering, and obstruction of justice. However, the jury was unable to reach a verdict on several counts related to healthcare fraud.

Later that year, U.S. District Judge Robert N. Scola, appointed by former President Barack Obama, sentenced Esformes.

Congressional Oversight and Allegations of Prosecutorial Misconduct

The House Judiciary Committee’s Subcommittee on Crime and Federal Government Surveillance, chaired by Rep. Biggs, held the oversight hearing. Biggs has been a vocal critic of the DOJ and has raised concerns about prosecutorial misconduct in the Esformes case.

In February, Biggs sent a letter to U.S. Attorney General Merrick Garland, demanding an update on the case and highlighting allegations of prosecutorial misconduct. He pointed out that the jury found the government’s actual losses to be significantly lower than the DOJ’s claims.

Biggs stated, “For years, the DOJ has unjustly and unlawfully targeted its political opponents.” He believes that the Esformes case exemplifies the existence of a two-tier justice system in the United States.