Professional Documents
Culture Documents
No. 13-4537
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:12-cr-00249-FDW-DCK-1)
Submitted:
August 8, 2014
Decided:
PER CURIAM:
A
federal
conspiracy
to
jury
convicted
commit
health
Charlotte
care
Elizabeth
fraud,
Garnes
obstruction
of
of
an
by
regarding
review
first
an
claims
that
permitting
the
extramarital
evidentiary
the
government
affair
rulings
district
for
with
to
abuse
her
of
court
abused
its
cross-examine
her
former
We
boss.
discretion.
United
conclude
that
the
district
court
acted
within
its
discretion in allowing the governments questions. During crossexamination, the government sought to show that Garnes had been
fired
from
her
previous
employment
for
failure
to
maintain
or
owners
girlfriend
for
fraudulently
billing
using
her
counsel
extramarital
objected
on
affair
the
with
basis
2
of
the
owner,
Federal
Rule
and
Garness
of
Evidence
404(b).
The
district
because
Rule
404(b)
does
correctly
not
on
Smith,
F.3d
209,
223
overruled
control
cross-examination. 1
impeachment
451
court
(4th
See
Cir.
the
evidence
also
2006)
objection
offered
for
United
States
v.
([T]he
rules
of
II.
Garnes next claims that the district court erred by denying
her motion for a judgment of acquittal under Federal Rule of
Criminal
Procedure
29.
Specifically,
she
contends
that
the
United
States
v.
Alerre,
430
F.3d
681,
693
(4th
Cir.
convict
the
Garnes
government
of
was
conspiracy
required
to
to
commit
show
that
health
Garnes
care
had
knowingly
and
willfully
executed
fraudulent
health
care
scheme. United States v. Louthian, 756 F.3d 295, 303 (4th Cir.
2014). This Court has long recognized that the jury may infer
knowledge and intent from circumstantial evidence in conspiracy
cases. See United States v. Tucker, 376 F.3d 236, 238 (4th Cir.
2004). The jury may also rely on a theory of willful blindness
to establish intent when ... the evidence supports an inference
of deliberate ignorance. United States v. Zayyad, 741 F.3d 452,
463 (4th Cir. 2014) (citations omitted).
Evidence
unlicensed
at
trial
counselors,
established
Teresa
that
Marible
Garnes
and
and
Sylvia
two
Jackson,
Carolina
Medicaid
agency.
The
government
presented
sufficient
willingly
scheme
to
agreed
with
establish
to
Marible
that
participate
and
Jackson.
Garnes
in
had
knowingly
fraudulent
Accordingly,
we
and
healthcare
affirm
the
statements
in
connection
with
the
delivery
of
or
v.
McLean,
715
F.3d
129,
140
(4th
Cir.
2013).
The
Garnes
asserts
that,
with
respect
to
each
count,
the
Garnes
was
Specifically,
on
presented
evidence
charged
each
of
was
of
at
made
the
least
ten
one
knowingly
and
willfully.
counts,
the
government
of
the
following:
Garnes
notes
are
inconsistent
with
the
duration
of
the
claimed
these
pieces
of
evidence
is
sufficient
to
establish
that
health
care
benefit
program.
Accordingly,
we
affirm
the
range,
responsible
for
the
district
losses
caused
court
by
her
improperly
held
co-defendant,
her
Oriaku
relevant
conduct
to
include
all
reasonably
evidence
adduced
at
trial
was
sufficient
to
support
the
criminal
activity,
and
that
Hampton-Sowells
fraudulent