14 Mass. App. Ct. 911 | Mass. App. Ct. | 1982
2. We turn to the defendants’ six claims of error with respect to the trial, (a) The jury were warranted in finding that the defendants had engaged in an elaborate and carefully designed scheme to defraud the Commonwealth of Medicaid funds, based on evidence which showed (i) the nature of the items included as nursing home expenses in the cost reports submitted to the Commission (e.g., $26,000 worth of renovations to the Minkins’ summer home charged as construction costs of their nursing home in Westborough; Gladys Minkin’s use of two kitchen employees from their nursing home in Quincy as maids or babysitters in the households of the defendant Michael Minkin and his brother while the employees remained on the home’s payroll); (ii) the planning inherent in the manner by which the expenses were charged to the nursing homes (e.g., inaccurate time cards, false payroll checks and false invoices); (iii) the defendants’ failure to instruct their accountant to segregate their personal
The case is remanded to the Superior Court. The judgments of conviction for attempted larceny on indictments nos. 026083, 026084 and 026096 are vacated, and the indictments are to be dismissed. All of the remaining judgments are affirmed.
So ordered.