United States v. Perry, No. 13-4012 (4th Cir. 2014)Annotate this Case
Defendant appealed his conviction for three counts of fraud related to his receipt of Social Security and healthcare benefits. The court concluded that, in regards to Count One and Two, the indictment was sufficient to apprise defendant of the charges against him and identify the essential elements of the crimes charged; the indictment charged the requisite intent and the court rejected defendant's argument that the government failed to allege specific intent to defraud; the court rejected defendant's argument that the district court erred in denying his motion to dismiss the indictment as time barred under the statute of limitations; the court rejected defendant's challenges to the sufficiency of the indictment on Count Three; and, in regards to defendant's healthcare fraud conviction, the government presented sufficient evidence for a rational jury to find that defendant engaged in a health care fraud scheme. Accordingly, the court held that the district court properly denied defendant's motion to dismiss the indictment and motion for judgment of acquittal. The court affirmed the judgment of the district court.