Notes of Decisions
United States v. Tkhilaishvili, 926 F.3d 1 (1st Cir. 2019).
· cites it 3× “Without belaboring the government's reasons for this concession, we limit our analysis to David's conviction on count 4, which charged him with embezzling $ 2,000 from a "health care benefit program," as defined in 18 U.S.C. § 24 (b). 18 U.S.C. § 669 (a) prohibits, inter alia,…”
United States v. Ruth Whited, 311 F.3d 259 (3rd Cir. 2002).
· cites it 4× “As we discuss below, the Center is in fact a qualifying “health care benefit program” because it is an “individual or entity who is providing a medical benefit, item, or service for which payment may be made under [a qualifying health care] plan or contract.”
United States v. Eddie Louthian, Sr., 756 F.3d 295 (4th Cir. 2014).
“” See 18 U.S.C. § 24 (b). Medicare and Anthem are health care benefit programs for the purposes of the health care offenses.”
United States v. Valladares, 544 F.3d 1257 (11th Cir. 2008).
· cites it 2× “18 U.S.C. § 24 (a). “The ex post facto clause prohibits the enactment of laws which increase punishment for a crime after its commission.”
United States v. Carmen Gonzalez, 834 F.3d 1206 (11th Cir. 2016).
“” 18 U.S.C. § 24 (b). In considering these statutes, it is plain that each requires proof of a unique element not required by the other.”
United States v. Steven E. Whiting, 471 F.3d 792 (7th Cir. 2006).
· cites it 2× “§ 669 by knowingly converting and misapplying funds deducted from employee paychecks for a health care benefit program as defined 18 U.S.C. § 24 (b). Counts five through nine charged Whiting with converting $7,163.”
People v. Abbott, 690 P.2d 1263 (Colo. 1984).
“24(c), 18 U.S.C. § 24 (c), identical, in pertinent part, to section 16-10- *1269 105, the court held that it is within the trial court’s sound discretion to remove a juror whenever the judge becomes convinced that the juror’s ability to perform his duties has been impaired).”
United States v. Klein, 543 F.3d 206 (5th Cir. 2008).
“” 18 U.S.C. § 24 (b). Klein avers that the failure to instruct the jury that affecting interstate commerce is an element of health care fraud under § 1347 mandates that we overturn his convictions for health care fraud, at least where the government cannot prove the error was…”
United States v. Redcorn, 528 F.3d 727 (10th Cir. 2008).
“18 U.S.C. § 24 (b). Appellants contend that a health insurance company cannot be a health care benefit program as so defined, and thus that because the indictment alleged that HNIC was both a health insurance company and a health care benefit program it did not properly state a…”
United States v. Lamarre, 712 F.3d 612 (1st Cir. 2013).
· cites it 2× “§ 24 (b), which defines the term “health care benefit program” for purposes of § 1347 as “any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is…”
— 18 U.S.C. § 24(a)(2) — 1 case
— 18 U.S.C. § 24(b) — 1 case
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