Published on: Friday, March 11, 2022

Fifth Circuit: "Ann Sheperd, the owner of a home-health agency, lawyered up after being indicted for Medicare fraud. But there was a tiny problem: Unbeknownst to Sheperd, her pretrial lawyer—who represented her until days before trial—also represented one of the Government's star witnesses. Oops." Remand for a hearing to determine whether lawyer's conflict of interest affected representation.

The case is United States v. Sheperd, 19-20073 (5th Cir. Mar. 8, 2022).