U.S. v. Natale

In prosecution for making false statements related to provision of heath care in violation of 18 USC section 1035, Dist. Ct. committed plain error in giving instruction that failed to inform jury that defendant-physician made false statement in connection with delivery of or payment for health care benefit program since tendered instruction allowed jury to convict for conduct not covered under section 1035. However, any error was harmless where defendant’s medical reports involved defendant’s bills to health care benefit program, i.e. Medicare, and where said reports satisfied materiality element of instant charge since said reports had potential to influence Medicare’s decision to pay defendant for his medical services. Moreover, Dist. Ct. did not err in denying defendant’s request for specific intent instruction since section 1035 does not require that defendant make false statement with intent to deceive govt.