The tape of Dr. Luketich's conversation about suboxone is still in litigation over whether it was illegal or not and whether there could be an "expectation of privacy" in the room where the talk happened, but it was ultimately irrelevant to the question of whether he violated the law/regulations by billing the government for surgeries when he was shuttling among them. He even tried to use the tape to keep the whistleblower from getting a share of the settlement, but was denied by a judge who said it had nothing to do with the case that settled.