United States Second Circuit

Health care fraud is a cognizable predicate felony for aggravated identity theft under 18 U.S.C. section 1028A(c)(5) because the parenthetical language "relating to mail, bank, and wire fraud" in the statute is not intended to limit the predicate felonies only to those three identified in the parenthetical, but instead encompasses the other frauds criminalized in Chapter 63; accordingly, the instruction given to the jury on the charge of aggravated identity theft was neither misleading nor inadequate.

Appellate Information

• Decided 02/15/2013
• Published 02/15/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel