United States v. Rodriguez-Rivera, No. 17-1975 (1st Cir. 2019)Annotate this Case
The First Circuit reversed the order of the district court dismissing aggravated identity theft counts against three doctors and three employees of a durable medical equipment supplier in Puerto Rico, holding that the motion to dismiss a grand jury indictment did not provide an occasion in this case for determining, over the government’s objection, whether the facts alleged in the indictment were sufficient to establish the charged offense.
A United States grand jury indictment indicted Defendants on counts of health care fraud and conspiracy to commit health care fraud and aggravated identity theft. In dismissing the aggravated identity theft counts, the district court concluded that the facts alleged in the indictment did not adequately make out a case for aggravated identity theft. The First Circuit reversed, holding that the proceedings as they stood at this stage provided no occasion for determining whether the government’s proof was sufficient to sustain a conviction, and the record lacked any agreed upon completeness.