United States v. Lamarre
712 F.3d 612
1st Cir.2013Background
- Gelin and Lamarre were convicted of health care fraud and conspiracy to commit health care fraud under 18 U.S.C. §§ 1347 and 1349.
- They allegedly defrauded Massachusetts no-fault auto insurers by submitting fraudulent treatment claims and forged charts for services not rendered.
- Lamarre received up to 15% of proceeds; Gelin kept the remainder as the clinic owner.
- Evidence included testimony about chart forging, unexplained treatment dates, and internal admissions by Gelin and Lamarre.
- The district court ruled on whether defrauded entities were 'health care benefit programs' and whether the scheme affected interstate commerce; it also denied proposed racially charged voir dire questions.
- On appeal, the First Circuit affirmed, rejecting arguments that the no-fault insurers were outside § 24(b) scope, that interstate commerce was not affected, and that voir dire questions were improperly denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether no-fault insurers are health care benefit programs under §24(b). | Gelin | Gelin | Health care benefit program held to include these insurers. |
| Whether the fraud affected interstate commerce as required for §1347. | Gelin | Gelin | De minimis but sufficient interstate commerce effect shown. |
| Whether the district court erred in not asking a race-based voir dire question. | Gelin | Lamarre | No reversible error; court properly balanced voir dire discretion and Rosales-López guidance. |
Key Cases Cited
- United States v. Lucien, 347 F.3d 45 (2d Cir. 2003) (private insurers in no-fault schemes can qualify as health care benefit programs)
- Pereira v. United States, 347 U.S. 1 (S. Ct. 1954) (negotiation of out-of-state checks evidences interstate transaction)
- Ramsey v. United States, 332 F.2d 875 (8th Cir. 1964) (forged checks drawn on out-of-state banks implicate interstate commerce)
- R.A.G.S. Couture, Inc. v. Hyatt, 774 F.2d 1350 (5th Cir. 1985) (use of the Postal Service in fraud schemes ties to interstate commerce)
- United States v. Capozzi, 486 F.3d 711 (1st Cir. 2007) (plain-error framework and commerce nexus considerations)
- United States v. Guerrier, 669 F.3d 1 (1st Cir. 2011) (de minimis interstate effect suffices for commerce connection)
- United States v. Rosales-López, 451 U.S. 182 (1981) (voir dire reversal only where substantial possibility of prejudice shown)
- Lucien, 347 F.3d 45 (2d Cir. 2003) (private insurers reimbursing fraudulent medical expenses; §24(b) scope)