Law360: Feds Lose ‘Kicker’ With High Court’s Narrow ID Theft Take

The US Supreme Court unanimously vacated and remanded a Fifth Circuit ruling that deemed David Dubin’s health care fraud conviction as “aggravated identity theft” and added two years to his sentence. Dubin, a psychologist, was found guilty of filing a fake Medicaid reimbursement form using the name of a patient. Jeffrey Fisher, counsel to Dubin, stated that “persons accused of ordinary overbilling should thankfully no longer be subject to governmental pressure based on the threat of an additional two years in prison for ‘aggravated identity theft.’” Dubin is represented by Fisher, Anton Metlitsky, Bruce Pettig, and Jason Zarrow of O’Melveny & Myers LLP.

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