Our government wants to make sure that criminals who defraud the state suffer at a maximum penalty. This means, they will try and include different charges. One example of this is the article below. In the article below, a practitioner over billed Medicaid on behalf of a client named “Client L”. The Federal government wanted to include an additional charge of Identity Theft, under a law signed by President George W. Bush in 2004. But in the end, the Supreme Court ruled 9-0 in favor of not allowing this extra charge for Dubin in the case Dubin vs. the United States (2023). The article is by Epoch Times. Justice Sotomayor wrote the opinion. Along with Justice Neil Gorsuch who wrote a concurring opinion.
Part of the opnion can be read at Epoch Times. Here was what I saw in the article:
“every time I order salmon at a restaurant [and] I’m told it’s fresh, but it’s frozen, and my credit card is run for fresh salmon, that’s identity theft.”
Justice Neil Gorsuch
So, the Department of Justice over stepped its bounds in applying the additional charge. Included in the article, is a .pdf for additional reading. Below is the link to the article.
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