Supreme Court

Supreme Court cabins reach of aggravated identity theft statute

Supreme Court cabins reach of aggravated identity theft statute

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The defendant in the case, David Dubin, was convicted of health care fraud for overbilling Medicaid while working as the managing partner of a psychological services company. The government also charged Dubin with aggravated identity theft, which carries a separate two-year sentence. Choosing between the two competing readings, “one limited and one near limitless,” the Supreme Court on Thursday handily rejected the government’s “boundless” interpretation of the aggravated identity theft statute. In an opinion by Justice Sonia Sotomayor, the … Read the rest

Supreme Court

Justices lean toward narrow reading of aggravated identity theft

Justices lean toward narrow reading of aggravated identity theft

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In many ways, Monday’s oral argument in Dubin v. United States felt like a legislation class in law school, with various canons of statutory construction being bandied about. Dubin concerns the reach of the federal aggravated identity theft statute and whether a person must steal another’s identity to commit the crime. At argument, the justices wrestled with whether David Dubin, when he overbilled Medicaid, “used” the “identification of another” “without lawful authority” “during and in relation” to an enumerated … Read the rest