People v. Oshana, 965 N.E.2d 1174

Oshana was convicted on two counts of workers' compensation fraud (820 ILCS 305/25.5(a)) after a bench trial on August 5, 2010.
He was sentenced to 24 months' probation and ordered to pay $22,594.61 restitution to Gallagher Bassett for investigation and attorney fees.
The indictment charged two subsections: (a)(1) false or fraudulent claim and (a)(2) false or fraudulent material statement to obtain benefits.
Evidence included videotaped surveillance showing Oshana performing work in October–November 2006 and medical records showing high disability ratings.
The appellate court affirmed the judgment in part and reversed in part: count II upheld, count I reversed, and restitution reduced to $12,923.56.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence supports count II for fraudulent statements	Oshana made false statements to obtain benefits	Statements to Hathaway and doctors were not clearly false	Count II sustained; the fraud evidence supported intent to deceive doctors
Whether count I for a false or fraudulent claim is supported	Claim was false due to disability claim	Claim was grounded in a compensable injury	Count I reversible; no sufficient evidence of a false claim within §25.5(a)(1)
Whether §25.5 is void for vagueness or ambiguous			Statute not unconstitutionally vague or ambiguous; plain meaning applied
Whether restitution amounts were proper and bounties were tied to the offense			$9,671.05 for surveillance void; $5,923.50 attorney fees and $5,105 IME affirmed; total restitution reduced to $12,923.56

People v. Weinstein, 35 Ill.2d 467 ((1966)) (evidence standard for criminal beyond reasonable doubt bound review)
People v. Collins, 106 Ill.2d 237 ((1985)) (weight and credibility for trial court; deference on review)
People v. Steidl, 142 Ill.2d 204 ((1991)) (fact-finder credibility and inferences)
People v. Cooper, 194 Ill.2d 419 ((2000)) (standard for sufficiency of evidence in bench/jury trial)