Government Overreached in Identity Theft Case, Supreme Court Rules Unanimously

The Epoch Times Header

The Supreme Court limited the reach of the federal Identity Theft Penalty Enhancement Act, unanimously rebuffing the Biden administrationโ€™s efforts to prosecute a man already convicted of Medicaid fraud with a separate charge of aggravated identity theft arising out of the same fraud case.

The 9โ€“0 opinion (pdf) in Dubin v. United States (court file 22-10) was issued on June 8 and authored by Justice Sonia Sotomayor. Justice Neil Gorsuch filed a concurring opinion.

The Identity Theft Penalty Enhancement Act mandates a two-year prison sentence for violations.

When President George W. Bush signed the law in 2004, he said it established the federal โ€œoffense of aggravated identity theftโ€ to ensure that someone convicted of that crime would receive jail time โ€œfor stealing a personโ€™s good name.โ€

โ€œThese punishments will come on top of any punishment for crimes that proceed from identity theft,โ€ the 43rd president said at the time.

The act, Bush said, โ€œraises the standard of conduct for people who have access to personal records through their work at banks, government agencies, insurance companies, and other storehouses of financial data.โ€

But the Supreme Court disagreed with the U.S. Department of Justiceโ€™s argument that petitioner David Fox Dubin was automatically guilty under the act because a fraudulent Medicaid billing form include the patientโ€™s Medicaid reimbursement number as a โ€œmeans of identification.โ€

Dubin worked as a managing partner for PARTS, a company in Austin, Texas, created by his father, licensed psychologist William Dubin.

Both men were convicted by a U.S. district court for a scheme to defraud Texasโ€™s Medicaid program.

Medicaid is a joint federalโ€“state program that serves low-income people of all ages and varies from state to state. Itโ€™s run by state and local governments within federal guidelines. Each state sets its own rules about eligibility and services.

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Columns

Viewers like you

There is no constitutional authority for any spending on public broadcasting โ€“ period. Any questions: See Article 1, Section 8 of the U.S. Constitution.

Trans-wormal

No worm ever said "I am anthropomorphizing, I am a butterfly" to a toad or flock of geese and expected acknowledgement and support.

In Greenlandโ€™s Icy Capital, Past Troubles Haunt Hopes for the Future

As geopolitical realities and ongoing economic growth raise the stakes, U.S. interest in Greenland and the dream of independence may change things in a big way.

How a Chinese Government Statistician Was Forced to Report Fake Data

Chinese local govt employee produced a non-authorized report on bees and was visited by police and threatened with being sent to a mental hospital.

โ€˜This One Time, at Groomer Campโ€™

All Camp Brave Trails programs focus on helping LGBTQ+ youth find what they need most to thrive: their people, their place, and their passion.

News

Kilmar Abrego Garcia Returns to US to Face Criminal Charges

Kilmar Abrego Garcia, a citizen of El Salvador, is on his way back to the US, where he will face criminal charges for allegedly smuggling illegal immigrants.

White House Adviser Gives Update on DOGEโ€™s Future Amid Muskโ€“Trump Spat

A top White House adviser said DOGEโ€™s work will likely continue amid a spat between its former chief, Elon Musk, and President Donald Trump.

Trump Administration Asks Supreme Court to Allow Dismantling of Education Department

Trump admin asked Supreme Court to allow it to resume dismantling U.S. Dept of Education, following a lower courtโ€™s previous order halting process.

FTC Warns of Rising Student Loan Scams, Says Fraudsters Took Millions From Borrowers

FTC is warning borrowers to steer clear of student loan debt-relief scams, after shutting down group of companies that allegedly charged millions in illegal fees and left customers worse off.

Walmartโ€™s Drone Delivery Coming to 5 More US Cities

Walmart is set to launch its drone delivery service in five more U.S. cities: Atlanta, Charlotte, Houston, Orlando, and Tampa, the company.

Court Orders Trump Administration to Restore AmeriCorps Funding to States

Federal court ordered Trump admin to restore AmeriCorps funding to states. The ruling comes as part of a lawsuit filed by 24 states and DC.

Tax Deductions You Can Take Without Itemizing

Itโ€™s not always beneficial to itemize. With IRSโ€™s current standard deduction for 2025 most Americans who canโ€™t itemize go with standard deduction.

US Economy Adds 139,000 New Jobs in May, Topping Market Forecasts

U.S. economy added 139,000 new jobs last month, surpassing economistsโ€™ expectations and indicating U.S. labor market remains in a robust position.
spot_img

Related Articles