IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-10574 FILED September 17, 2015 Lyle W. Cayce Clerk ALLSTATE INSURANCE COMPANY; ALLSTATE INDEMNITY COMPANY; ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY; ALLSTATE COUNTY MUTUAL INSURANCE COMPANY, Plaintiffs–Appellees Cross–Appellants, versus MICHAEL KENT PLAMBECK, DC; MICHAEL CAPOBIANCO, DC; PAUL GRINDSTAFF, DC; DOUGLAS FRIEDMAN; JENNIFER GIESSNER, Formerly Known as Jennifer Makarwich, Formerly Known as Jennifer Bland; ET AL., Defendants–Appellants Cross–Appellees.

Appeals from the United States District Court for the Northern District of Texas

Before JONES, SMITH, and COSTA, Circuit Judges. JERRY E. SMITH, Circuit Judge:

Allstate Insurance Company (“Allstate”) sued a consortium of telemar- keting companies, chiropractic clinics, and affiliated law offices spanning several states, contending that they had violated the Racketeer Influenced and Corrupt Organizations Act (“RICO”). A jury returned a verdict in Allstate’s Case: 14-10574 Document: 00513196769 Page: 2 Date Filed: 09/17/2015

No. 14-10574 favor, leading to a sizable award and attorney’s fees. The defendants contend that the evidence was insufficient under RICO, that some claims were barred by the statute of limitations, and that the district court erred in admitting Allstate’s expert witnesses. Allstate challenges the district court’s decision not to award prejudgment interest and to reduce the fee award. We affirm.

I. The scheme to defraud insurance companies such as Allstate aimed to identify persons who had been in vehicle accidents but were not at fault. The defendants would convince them to receive unnecessary chiropractic services, then would file third-party claims against the at-fault party’s insurer.

First, the participants had to identify potential claimants. Michael Plambeck owned Media Placement Services (“MPS”), a telemarketing firm, which Douglas Friedman managed. Defendant Jennifer Giessner was Plam- beck’s Controller. MPS employees purchased police accident reports and scoured them for not-at-fault victims who met certain criteria, usually low- income individuals without health insurance.

Once a potential patient was identified, an MPS employee would call to warn that the person may have suffered trauma whose ill effects might not be apparent for weeks. The telemarketer would offer the victim a free spinal exam to determine whether he was injured. The caller would assure the pro- spective patient that the appointment would be at no cost to him or his insurer, but the charges would be billed to the at-fault party. The caller would schedule an appointment at a clinic that was part of Chiropractic Strategies Group (“CSG”), which Plambeck owned; defendants Michael Capobianco and Paul Grindstaff were Clinic Partners. At a clinic, the patient would sign several forms, including an Assignment of Benefits that allowed the clinic to collect directly from the insurer. 2 Case: 14-10574 Document: 00513196769 Page: 3 Date Filed: 09/17/2015

No. 14-10574 A Plambeck-trained chiropractor would administer the free examina- tion, at the end