Fifth Circuit - Economic Crimes

United States v. Ramirez, 979 F.3d 276 (5th Cir. 2020). The 2-level enhancement at §2B1.1(b)(11)(C)(i) for unauthorized transfer of any means of identification applied in a Medicare fraud case. Each reimbursement claim “bears a unique, Medicare-issued claim tied to a particular beneficiary” so that each claim uses the beneficiary’s information unlawfully. Additionally, the 2-level increase at §2B1.1(b)(2)(A)(i) for an offense involving 10 or more victims applied because the guidelines define “victim” as “any individual whose means of identification was used unlawfully or without authority.”

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