U.S. v. Kolbusz

In prosecution on mail and wire fraud charges stemming from scheme in which defendant submitted thousands of false claims to Medicare for reimbursement for treatment of actinic keratosis, Dist. Ct. did not err in allowing prosecutor to present evidence that defendant submitted false claims on behalf of more than six patients mentioned in indictment. Such evidence was appropriate, since indictment charged defendant with scheme to defraud, and prosecutor was entitled to prove scheme as whole and not just six exemplars set forth in indictment. Also, Dist. Ct. did not err in preventing defendant from showing that Medicare had paid on plaintiff’s claims that were submitted after relevant time frame set forth in indictment, even though defendant argued that said evidence was relevant to establish his good faith in submitting said claims, since defendant’s state of mind outside period set forth in indictment was not relevant.