A federal judge has denied a request for a new trial from a Masury man convicted for his part in defrauding a nonprofit healthcare network based in Sharon.
U.S. District Judge Nicholas Ranjan issued the order late last month, rejecting a pair of post-trial motions filed by John O’Brien. The decision clears the way for the case to move toward sentencing later this summer.
A jury found O’Brien guilty of three counts of wire fraud in February following an eight-day trial. However, the same jury found him not guilty of a separate charge of conspiracy to commit mail and wire fraud. Following the verdict, O’Brien’s legal team filed motions asking the judge to overturn the jury’s decision or grant a completely new trial.
In the filings, O’Brien’s attorneys argued that the evidence presented by the government was not enough to support the wire fraud convictions. Judge Ranjan disagreed, maintaining that the jury’s decision was supported by the facts presented during the proceedings.
The case involves a scheme to divert money from the Sharon-based Primary Health Network, an organization that provides medical services to people in underserved communities. Federal prosecutors said O’Brien was involved in a plot that sent fraudulent bills to the nonprofit for construction work that was never performed. The bills were sent through a company called TopCoat.
O’Brien was one of five men charged in the multi-year investigation into the health network’s finances. He was the only defendant to take his case to a jury trial. His co-defendants, including former healthcare executives and a construction company owner, previously chose to plead guilty.
With the motions for a new trial denied, the court has now established a schedule for O’Brien’s sentencing. Judge Ranjan set the sentencing hearing for Aug. 17 at 10 a.m. in the federal courthouse in Pittsburgh.
Under federal law, each count of wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine. O’Brien remains free on an unsecured bond of $100,000 while he awaits his court date.
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