Mangione lawyers allege HIPAA violation in UnitedHealthcare CEO murder case

Attorneys for Luigi Mangione claim the Manhattan District Attorney’s Office broke the law by gaining access to his private health records surreptitiously.

In a new court filing, the defense accuses prosecutors of violating HIPAA, the federal law that protects medical privacy. They say the DA’s office pressured Mangione’s health insurer, Aetna, into handing over documents without a court order or consent from any party involved.

According to the filing, prosecutors faked a court date and used a “false and fraudulent” subpoena, warning Aetna it would be held in contempt of court if it didn’t comply.

Mangione’s lawyers are now asking the judge to sanction the DA’s office, including the possibility of throwing out the charges entirely. They are requesting a formal evidentiary hearing on the matter.

LUIGI MANGIONE’S TEAM ASKS COURT TO REMOVE ‘SHACKLES,’ BULLETPROOF VEST ON UNITEDHEALTHCARE CEO MURDER SUSPECT

The Manhattan District Attorney’s Office told Fox News it will respond in court papers. It said very limited information was requested from Aetna and Aetna sent additional materials in error.

“We deleted the materials as soon as we became aware of them and brought it to defense and the court’s attention,” the office said.

Mangione is charged with murdering UnitedHealthcare CEO Brian Thompson outside the Hilton Hotel in Midtown Manhattan on Dec. 4, 2024, just before the company’s annual investor conference. 

Prosecutors say Mangione used a homemade ghost gun equipped with a silencer and shot Thompson twice at close range before fleeing the scene.

LUIGI MANGIONE ARGUES DOUBLE JEOPARDY IN BID TO DROP MURDER CASE, SUPPRESS EVIDENCE

The DA’s office argues the killing was ideologically motivated, calling it an act intended to “violently broadcast a social and political message to the public at large.” According to court filings, Mangione allegedly marked ammunition with the words “deny,” “delay,” and “depose,” and described himself as a “revolutionary anarchist.”

Prosecutors also cite journal entries and a note to the FBI in which Mangione allegedly expressed grievances against the U.S. healthcare system, writing that “these parasites simply had it coming.”

Mangione has pleaded not guilty to the charges. 

Defense attorneys have separately moved to suppress Mangione’s statements to law enforcement and evidence from his backpack, arguing both were obtained unlawfully. They’ve also asked the court to dismiss terrorism-related charges, citing constitutional concerns over double jeopardy and concurrent state and federal prosecutions.

The DA’s office calls it “an open and shut case” and argues that the evidence is “overwhelming.”

A judge will now decide whether to grant the defense’s request for a hearing on the alleged HIPAA violation. The broader motion to dismiss and suppress remains pending.

The state case is proceeding ahead of a separate federal prosecution, where the government is seeking the death penalty.