United States v. Lopez-Diaz, No. 13-2113 (1st Cir. 2015)
Annotate this CaseAfter a jury trial, Jose Lopez-Diaz, a medical doctor, was convicted of health-care fraud, conspiracy to commit health-care fraud, and aggravated identity theft for using personal information gathered from the patients of his brother, Carlos Lopez-Diaz, a dentist, to bill Medicare for services to Carlos’s patients that Jose never provided. Carlos was also convicted of conspiracy and aggravated identity theft for giving Jose access to his patient billing information while knowing that Jose never treated any of the patients. The First Circuit affirmed Jose’s convictions but vacated Carlos’s convictions, holding that the prosecution did not present sufficient evidence to support Carlos’s convictions without undue speculation. Remanded for a judgment of acquittal of Carlos on all counts.
The court issued a subsequent related opinion or order on July 20, 2015.
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