United States v. Anderson, No. 19-10963 (5th Cir. 2020)
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The Fifth Circuit affirmed defendants' convictions for multiple counts of health care fraud and multiple counts of aggravated identity theft based on their submission of fraudulent insurance claims. Defendant Terry Anderson owned an optical and hearing aid business which employed his son, Defendant Rocky Anderson.
The court held that there was sufficient evidence to support the health care fraud charges where a reasonable jury could conclude that defendants made implicit fraudulent representations, that they had the intent to defraud, or that their alleged false representations were material. The court also held that there was sufficient evidence to support the aggravated identity theft convictions because there was sufficient evidence to support the underlying felony of health care fraud and there is direct or circumstantial evidence linking both Andersons to the clients in counts 12 through 15.
This opinion or order relates to an opinion or order originally issued on August 12, 2020.
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