United States v. Dupont
672 F.3d 580
| 8th Cir. | 2012Background
- Duponts were convicted by bench trial of health care fraud and conspiracy to commit health care fraud under 18 U.S.C. §§ 2, 371, 1347.
- Robert Dupont had a prior 2000 conspiracy to defraud the United States conviction and a 20-year prohibition from federal health care programs.
- The district court found that the Duponts willfully concealed Robert Dupont’s role as de facto director of Joplin River of Life Ministries, Inc. (JROL), which received federal health care funds.
- Robert Dupont directed the board to install Laverne Dupont as executive director of JROL while he continued to influence operations.
- Laverne Dupont signed licensure applications attesting no excluded operator or principal, knowing the statement was false, to conceal the true leadership.
- The district court convicted them; the Eighth Circuit affirmed, applying de novo review to the acquittal ruling and viewing evidence in the government’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient willful intent to defraud the health care program? | Duponts argue no intent to defraud. | Duponts claim no willful deception or loss. | Yes; record supports willful intent. |
| Was there sufficient evidence of a conspiracy to defraud? | Government showed a joint scheme. | No formal agreement or participation. | Yes; evidence supported a joint conspiracy. |
| Did the district court properly treat Robert as de facto director and Laverne as aiding concealment? | Evidence shows de facto control and concealment. | Evidence insufficient to show de facto leadership. | Yes; court could infer de facto director and willful concealment. |
Key Cases Cited
- United States v. Boesen, 491 F.3d 852 (8th Cir. 2007) (sufficiency of evidence for conspiracy and fraud findings)
- United States v. Williams, 534 F.3d 980 (8th Cir. 2008) (conspiracy and participation can be proven by direct or circumstantial evidence)
- United States v. Dearing, 504 F.3d 897 (9th Cir. 2007) (willful participation in a fraudulent billing scheme)
- United States v. Water, 413 F.3d 812 (8th Cir. 2005) (trier of fact resolves evidentiary conflicts in favor of the government)
- United States v. Thompson, 533 F.3d 964 (8th Cir. 2008) (standard for reviewing denial of acquittal)
- United States v. Milk, 447 F.3d 593 (8th Cir. 2006) (view evidence in light most favorable to the verdict)