On February 27, 2023, the United States Supreme Court heard oral argument in Dubin v. United States.

At issue in the case is whether, when using (reciting, mentioning, or employing) someone else’s' name or identifying information in the committing a predicate offense, one also commits aggravated identity theft.

Petitioner David Dubin was convicted of healthcare fraud for submitting a factually inaccurate reimbursement claim to Medicaid that mischaracterized the nature of the provider, the time spent on the testing in question, and the date of the test. Additionally, because he used the name and identifying information of a real patient, Dubin was also convicted of one count of aggravated identity theft. Both the district court and the Fifth Circuit upheld the convictions on appeal.

Dubin claims that the Fifth Circuit’s decision, if upheld, has massive and undesirable implications for a spectrum of other white collar crimes.

Join us as we break down and analyze how oral argument went before the Court.

Featuring:
John C. Richter, Partner, King & Spalding