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Second Circuit — Identity Theft: United States v. Abdur-Rahman

U.S. Court of Appeals for the Second Circuit

Identity Theft

Health Care Fraud

United States v. Abdur-Rahman
Judges Winter, Hall and Hellerstein

Background: The defendant was arrested for Medicaid fraud for impersonating Medicaid beneficiaries by borrowing Medicaid identification cards from program beneficiaries and using those cards to obtain HIV and AIDS medications, oxycodone and hydromorphone from pharmacies. After a jury found him guilty on numerous counts, he was sentenced to a term of 101 months imprisonment. The defendant appealed arguing that health care fraud is not an enumerated felony violation cognizable under 18 USC § 1028A, “aggravated identity theft.”

Ruling: The Second Circuit affirmed. The court found that health care fraud is cognizable under the statute. The parenthetical in subsection 1028A(c) serves only as an explanatory or descriptive purpose and did not expressly limit the definition of the felony violation to those offenses identified in the parenthetical.

Rachel P. Kovner and Justine S. Weddle, assistant U.S. attorneys, for the appellee; Yusuf Abdur-Rhaman, pro se