COMMONWEALTH v. PAYNE

No. 92-P-147.

33 Mass. App. Ct. 553 (1992)

602 N.E.2d 594

COMMONWEALTH vs. RICHARD PAYNE.

Appeals Court of Massachusetts, Suffolk.

November 10, 1992.


Attorney(s) appearing for the Case

Francis J. DiMento, Jr., for the defendant.

Ellen B. McGinty, Assistant Attorney General, for the Commonwealth.

Present: BROWN, KASS, & IRELAND, JJ.


KASS, J.

As punishment for Medicaid and Medicare fraud,1 the defendant Payne, a licensed physician, was ordered to make restitution of $40,000. At the time of sentencing, which had been postponed to enable Payne to raise the restitution money, the defendant failed to make restitution. He was, thereupon, sentenced to a year in a house of correction. The point raised on appeal is whether the Superior Court judge, having initially acquiesced...

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