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United States Ninth Circuit


US v. Dearing, 06-30606

A conviction for aiding and abetting health care fraud arising from a scheme to defraud Idaho Medicaid by submitting false billings from a mental health clinic that defendant owned and operated with his brother is affirmed over claims that: 1) the evidence was insufficient to convict because there was no evidence that he acted with willful intent; and 2) the district court erred in permitting a jury instruction that allowed a finding of guilt based upon reckless indifference rather than willful intent.

Appellate Information

  • Argued 08/08/2007
  • Decided 09/25/2007
  • Published 09/25/2007

Judges

  • HALL, Senior Circuit Judge:, Before:  WILLIAM C. CANBY, JR., CYNTHIA HOLCOMB HALL, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Scott C. Williams and Jon D. Williams, Salt Lake City, UT, for the appellant.

  • For Appellees:
  • Wendy J. Olson, Assistant United States Attorney, Boise, ID, for the appellee.
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