United States v. Russell, No. 12-1315 (1st Cir. 2013)Annotate this Case
After losing his job as a stockbroker and financial advisor and his accompanying health insurance, Appellant applied for and received subsidized health insurance for several years. Russell represented on each application that he had no income to report and was unemployed, but Appellant was working under the table during those years. After a government investigation and an ensuing jury trial, Appellant was convicted of making false statements in connection with the payment of health care benefits. The First Circuit Court of Appeals affirmed, holding (1) the jury instruction on the definition of willfulness was not error; (2) the government presented sufficient evidence that Appellant's false statements were material to support the conviction; (3) the district court did not err in excluding certain testimony as state-of-mind hearsay; and (4) neither the prosecutor's statements during closing arguments nor his questions in eliciting testimony from a witness necessitated reversal.
The court issued a subsequent related opinion or order on September 19, 2013.