On June 8, 2023, the U.S. Supreme Court decided Dubin v. United States , No. 22-10, holding § 1028A(a)(1), aggravated identity theft, is violated when the defendant’s misuse of another person’s means of identification is at the crux of what makes the underlying offense criminal, rather than merely an ancillary feature of the predicate charge.
David Dubin was charged with health care fraud for submitting a claim for reimbursement to Medicaid for psychological testing by a licensed psychologist, even though the employee who performed the testing was only a licensed psychological associate. This falsehood inflated the amount of reimbursement from […]
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