U.S. v. Schaul

Record contained sufficient evidence to support defendant’s guilty plea on charge of health care fraud, even though defendant was informed erroneously of requisite men rea required by charged offense. Specifically, plea agreement erroneously stated that under 18 USC section 1347, govt. needed to prove beyond reasonable doubt that defendant knowingly or willfully executed or attempted to execute scheme to defraud. However, section 1347 required government to prove that defendant had acted knowingly and willfully. While defendant argued that his guilty plea was invalid because it was not knowingly or voluntarily made, instant indictment provided defendant with sufficient notice that he had violated both subsections of section 1347. Moreover, under applicable plain error standard, failure to properly state mens rea in indictment did not affect defendant’s substantial rights, since defendant stipulated to facts in plea agreement that established that his violation of instant health care fraud offense was both knowing and willful.