United States v. Gelin, No. 10-2340 (1st Cir. 2013)Annotate this Case
After a jury trial, Appellants were each convicted under 18 U.S.C. 1347 and 1349 for making fraudulent claims to, and obtaining payment from, insurance companies participating in Massachusetts' no-fault automobile insurance program. The First Circuit Court of Appeals affirmed Appellants' convictions, holding that the district court (1) correctly determined that the defrauded insurance companies constituted "health care benefit programs" within the jurisdictional reach of section 1347; (2) did not err in concluding that Appellants' scheme affected interstate commerce as is required for a constitutionally valid application of section 1347; and (3) did not violate Appellants' Fifth and Sixth Amendment rights in denying proposed voir dire questions concerning the ethnic minority group to which they belonged.