United States Court of Appeals For the First Circuit No. 19-1232 UNITED STATES OF AMERICA, Appellee, v. MOUSFAFA MOATAZ ABOSHADY, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Nathaniel M. Gorton, U.S. District Judge] Before Howard, Chief Judge, Thompson and Barron, Circuit Judges. Joshua N. Ruby, with whom Peter E. Gelhaar, George W. Vien, and Donnelly, Conroy & Gelhaar, LLP were on brief, for appellant. Ross B. Goldman, Attorney, United States Department of Justice, Criminal Division, with whom Andrew E. Lelling, United States Attorney, David G. Lazarus, Assistant United States Attorney, Abraham R. George, Assistant United States Attorney, Brian A. Benczkowski, Assistant Attorney General, and Matthew S. Miner, Deputy Assistant Attorney General, were on brief, for appellee. February 20, 2020 BARRON, Circuit Judge. Moustafa Aboshady ("Aboshady") challenges his 2018 federal convictions arising from a healthcare fraud conspiracy. We affirm. I. In March 2014, Fathalla Mashali, Aboshady's uncle, was indicted and, in 2017, he pleaded guilty in the United States District Court for the District of Massachusetts to a multi- million-dollar healthcare fraud that he perpetrated through New England Pain Associates ("NEPA"), which Mashali owned. Mashali committed this fraud against both government and private insurers by coordinating the fraudulent documentation of non-existent medical services in patients' medical records to justify reimbursement for services not rendered. From 2010 to 2013, Aboshady worked for Mashali in the billing department of NEPA, which had four clinical pain- management offices in New England, though its billing office was located in Cairo, Egypt. When billers would send audit requests, employees in the billing department, including allegedly Aboshady, would "get the information together" and send it to the billers for them to then submit to the insurer. In connection with the fraud for which Mashali had been convicted, Aboshady was indicted on various federal charges in the United States District Court for the District of Massachusetts on September 27, 2016. The indictment was for one count of conspiracy - 3 - to make false statements and to conceal in connection with healthcare benefit programs, in violation of 18 U.S.C. § 371, and two counts of false statements in connection with healthcare benefit programs, in violation of 18 U.S.C. § 1035. Aboshady pleaded not guilty to the charges against him, and a trial ensued. The jury found Aboshady guilty on all three counts, and the District Court sentenced Aboshady to 75 months in prison. He then timely filed this appeal. II. Aboshady's first set of challenges to his convictions concerns the District Court's denial of his December 2017 motion to suppress data that the government had acquired pursuant to a 2014 warrant. That warrant authorized the search and seizure of certain electronic data contained in six Gmail accounts, including Aboshady's. The warrant provided that it was to be executed on Google, Inc.1 We review a district court's findings of fact in denying a motion to suppress for clear error and its conclusions of law de 1Below, in addition to filing his ...
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