United States v. Hong, No. 17-50011 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed defendant's convictions for health care fraud where the evidence of actual knowledge was overwhelming, and thus the court did not need to determinate whether the district court erred in giving a deliberate ignorance instruction on the knowledge element of health care fraud. Furthermore, the panel rejected defendant's arguments regarding the sufficiency of the illegal remunerations convictions.
However, the panel reversed the aggravated identity theft convictions, because defendant did not "use" the patients' identities within the meaning of 18 U.S.C. 1028A. The panel also held that United States v. Osuna-Alvarez, 788 F.3d 1183 (9th Cir. 2015), foreclosed defendant's claim that the "without lawful authority" element of aggravated identity theft was not satisfied because the patients voluntarily provided their information. Finally, the panel held that the district court did not err in applying sentencing enhancements for obstruction of justice and aggravating role in the offense. The panel remanded for resentencing.