hi my name is rachel reese and i represent the in this matter mr out of bio there were three issues raised in the briefs in this matter but i would like to focus my time today on the issue concerning the lack of evidence that was presented at trial by the united running the front of the house retail aspect of that pharmacy the individuals that he worked with and that worked around him were ultimately indicted in the middle district of florida and one hundred and fifty million dollars health care fraud conspiracy be audited and other of the billing corporations no longer wanted to work with them believe it was your honor however it was also testified that these documents were when they were found where no specific order there was it wasn't necessarily that mr out of a was close by there were several individuals that also had access to th that signed it and then obviously had possession of it by being found close to where he was working the other inference obviously is that it could have been placed there by someone else the other people who had access to desk and several one of the assigned mr i by his name on several forms and it was argued by counsel that this is one of those forms that actually didn't bear misrata by a signature and if your honor you know i was a layperson not as an expert in any sort of the i was the word but to compare knowledge and joined the signatures on the two documents which are both argued by the government to be written by mr out of i are completely different the signatures are not the same the handwriting is not the same so just from a lay person's perspective it's our position those documents when considered together because we're not you know we're not looking at these things independently together along with the other evidence that is not enough to prove beyond a reasonable doubt that mr outed by was involved in this conspiracy or had any knowledge of the  several years and again it's our position that those again you're on our side can infer that they can however that does not prove beyond a reasonable doubt that he was involved if anything he was not even ever he was never paid more than two million dollar boss you know he was also the leader of this conspiracy but he was also the owner of these pharmacies and as a result he was the person who was paying mr on a bio for his job as a pharmacist over the span of several years the government introduced a summary of the finances that were given to him and they didn't even total up total two million dollars in the grand scheme of how largest conspiracy lasted and the amount of funds and amount of money that the other coconspirators made some i believe that mr young testified that he made seven million i don't want to speculate i don't know i don't think there's any evidence about how much a pharmacist normally would make per year however it's our position in the grand scheme when considering the other evidence that amount of money when considering the fact that he's getting paid for a job to also infer that he was getting paid for a conspiracy i believe that the reasonable inference from that would be that you would have been making a lot more than one million four hundred thousand dollars not our position on that well understood that the government introduced some evidence that this activity was taking place in sort of open air or open side in the pharmacy in the back and you know what they were doing is they were taking stuff out of one big bottle and distributing small bottles what knowledge was like an assembly line activity what do you say about about that evidence i'm your honor i think that the layout of the pharmacy is actually extremely important because of course we're not disputing the fact that the government can prove by circumstances that someone in a specific position would understand or would have known about the conspiracy but it's our position that that's where the pharmacy there were distinct boundaries between the front where mr out a buyer was working full time in the retail portion and the back in the back as your honor said there was testimony that there were people there were  people there actually putting together the compound things about nature the testimony from the witnesses was that mr outed by you really never spent much time back there when he did it was simply to come in and get any controlled substances that he needed to fill a prescription with from the last state and then you would go back up to the front the only other testimony otherwise of him being in the back was that if he ever were to have any meetings of mr borges on if he was ever present so it's our position that there was never any testimony that mr i don't buy it was in the back of the pharmacy for a period of time that would have provided him with enough information to understand fully what was going on if anything and it was the back of a pharmacy where a normal pharmacy arguably there are people that are doing billing and there are people that are filling you know doing other things and again sorting made below is that the simply because someone is a pharmacist doesn't automatically mean that they are entitled to the same hands that now would be saying that if i as an attorney in the state of florida committed a crime just because i'm an attorney i'm not and i don't have a special skill and it's our position that he was never asked to actually change the formula he was asked to fill new prescriptions after the formulas for the prescriptions were changed when they wouldn't go through so the testimony from stablish in that he was doing his job there's no testimony that he was involved in the actual change of the formula or the change of the prescription the testimony was simply that he was actually the one fulfilling that prescription once that was changed darke position is that same day about three weeks later he signed the agreement with express trips the pharmacy benefit manager again pretending to be the owner of an a pharmacy and there's no dispute that it's a signature on that document or that he was paid sixty two thousand dollars  phone when patient after patient call the pharmacy saying why am i getting this drug and who is dr williams i have never met him and he was not the person who sorted through the returns at its peak about almost fifty percent of patients were rejecting pharmacist to further this conspiracy i think that i think it's important to remember and point kind of ignores the testimony from several of the witnesses that mr i buy it was identified as a pharmacist those acting in the front of the pharmacy and the pharmacist that was acting in the back was was so it's not just mr added by you allegedly doing this the testimony was actually that mr young was the person in the back actively being the pharmacist in charge so i think that that's important to know the other point in regards to sentencing and han again other than this ride by you every other person who was involved in this conspiracy did not have this alleged special skill yet every other person was actively participating and without that special skill they were successfully completing their act and they're part of this conspiracy in the underlying the fraud so it's our position that because those individuals are performing the exact same acts as mr out of value without the special skill that he was not using the special skill as a pharmacist to further the conspiracy or the underlying substantive acts so that should not have been handsome and that d applied to him just because of the fact that he's a pharmacist and it is our request