United States v. Carrie Musselman

Summary

The Seventh Circuit affirmed Carrie Musselman's healthcare fraud and wire fraud convictions. First, it held that the district court did not abuse its substantial discretion in concluding that the jury foreperson's outside research (an online article discussing majority verdicts) did not prejudicially affect the verdict, because even assuming the Remmer presumption applied, the government rebutted it; the court also held Musselman waived any evidentiary hearing by expressly asking the district court not to inquire further. Second, it held the evidence of psychological avoidance—numerous red flags coupled with a failure to ask natural questions and reliance on interested vendors—supported the ostrich instruction, and the district court's 'close call' decision to give it was a careful, not abusive, exercise of discretion. No separate opinions were filed.