One-time assisted living facility operator Philip Esformes hit the headlines in 2016 when he was charged on several counts related to allegations of defrauding the Medicare system. Officially sentenced in 2019 to twenty years behind bars, he was granted a presidential pardon in December of 2020 by the outgoing president, Donald Trump. With a grant of clemency given by the president, most believed that resolved the issue, and Mr. Esformes began to move on with his life. However, in recent months Mr. Esformes has found himself thrust back into the limelight at the center of continued controversy.
The Story Continues
The casual observer may not have even been aware of most of the case details and is therefore surprised to see his name back in the headlines. Even those who have followed this case with interest are at times struggling to understand what’s happening now. The short answer is that there’s no new controversy, but rather it’s a new chapter in the saga of the largest ever Medicare fraud case.
It’s In The Wording
It has all kicked off because the Department of Justice believes they’ve found a loophole that allows them to take Philip Esformes back to court for the Medicare fraud. A typical presidential pardon grants a full and unconditional exoneration of all charges. President Trump granted several pardons that weren’t worded as full and unconditional, including that given to Mr. Esformes. His pardon commuted the remaining term of his jail time but held him responsible for financial reparations and terms of a supervised release.
There’s one more vital piece to the puzzle. In 2019 when the jury found Philip guilty and sentenced him, they didn’t find him guilty of all counts brought against him. There were six charges they couldn’t come to a verdict on, leaving them hung. And these charges were excluded in the pardon granted by President Trump, thus catching the DOJ’s attention.
Loophole
The DOJ has applied to take Mr. Esformes back to court and retry him on these six counts, stating that the extent and nature of his alleged crimes cannot go unpunished. It argues that the nature of the commutation granted means these charges are free to be retried. They’d have no case if it were a full and unconditional pardon.
Counter Arguments
And while many agree with this take, plenty of proponents strongly disagree with this action. Mr. Esformes has hired a defense team from the firm Smith Reed who is arguing that Trump implied the intention that these charges are pardoned and, as such, the DOJ has no right to take such action. Some lawmakers are also arguing that this is a tool for retribution against the last president and his party.
Both sides will go before the Eleventh Court in the coming months to argue their cases. Should the court rule in the DOJ’s favor, we can be sure this won’t be the only case they bring back before the courts. Trump granted several similar pardons, and we can be sure the DOJ will look at all high-profile cases to see who else they can try to return behind bars.
