United States v. Rahman, No. 10-4814 (2d Cir. 2013)
Annotate this CaseDefendant appealed his convictions stemming from his involvement in a Medicare fraud scheme. At issue was whether health care fraud was an enumerated felony violation cognizable under 18 U.S.C. 1028A. The district court rejected defendant's argument that the parenthetical language limited the applicable provisions of Chapter 63 to those relating only to mail, bank, and wire fraud. The court agreed with the district court and held that the parenthetical language "relating to mail, bank, and wire fraud" in section 1028(c)(5) was merely a shorthand signal to the reader concerning the general nature of offenses contained in Chapter 63. It was not intended to limit the predicate felonies enumerated in Chapter 63. Rather, it encompassed the other frauds criminalized in Chapter 63. The court also held that the instruction given to the jury on the charge of aggravated identity theft was neither misleading nor inadequate. Most of defendant's arguments on appeal have been disposed of in a separate summary order filed simultaneously with this opinion.
The court issued a subsequent related opinion or order on March 13, 2013.
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