Dubin v. United States
View Official PDFSummary
A short, plain-English overview of Dubin v. United States.
David Dubin was convicted of healthcare fraud and aggravated identity theft after overbilling Medicaid. The Supreme Court examined whether Dubin's use of a patient's Medicaid number constituted aggravated identity theft under 18 U.S.C. § 1028A(a)(1). The Court focused on whether the use of another's identification was central to the criminal conduct.
Holding
The single most important “bottom line” of what the Court decided in Dubin v. United States.
The Court held that a defendant 'uses' another person's means of identification 'in relation to' a predicate offense when the use is central to the criminal conduct.
Key Quotes
Short excerpts from the syllabus in Dubin v. United States that support the summary and concepts above.
The terms 'uses' and 'in relation to' have been singled out by this Court as being particularly sensitive to context.
Section 1028A(a)(1)'s title and terms both point toward reading the provision to capture the ordinary understanding of identity theft.
The Government's reading would, in practice, place garden-variety overbilling at the core of § 1028A.
