UNITED STATES v. UNIVERSAL TRADE AND INDUSTRIES

Nos. 81-1592, 81-1653.

695 F.2d 1151 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. UNIVERSAL TRADE AND INDUSTRIES, INC., doing business as Universal Medical Laboratories, and Fereydoun Karimi, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 4, 1983.


Attorney(s) appearing for the Case

John J. Resich, Jr., San Pedro, Cal., for Universal Trade and Industries, Inc.

Michael D. Abzug, Los Angeles, Cal., for Karimi.

Robert Pallemon, Asst. U.S. Atty., Los Angeles, Cal., for the U.S.

Before FLETCHER and NELSON, Circuit Judges, and EAST District Judge.


NELSON, Circuit Judge:

Defendants appeal from their convictions of Medi-Cal abuse, contending there was a fatal variance between the indictment and the proof adduced at trial in that the evidence showed the remuneration was offered in return for the referral of individuals (42 U.S.C. § 1396h(b)(2)(A)), not for the ordering of services (42 U.S.C. § 1396h(b)(2)(B)) as charged in the indictment. Defendants also argue that the evidence was not...

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