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Judges order woman resentenced for health care fraud

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The 7th Circuit Court of Appeals found that a woman knowingly and voluntarily pleaded guilty to one count of health care fraud, but it sent her case back to the District Court for resentencing. The District judge violated the ex post facto clause by sentencing her under the wrong version of the sentencing guidelines.

Carol Woodard was the managing director of Gideon’s Gate, which provided educational services to children of indigent families. When the Indiana Department of Education stopped providing funding to the non-profit in January 2006, Woodward enrolled Gideon as an authorized Indiana Medicaid provider, but she provided no medical services. She fraudulently billed Medicaid from January 2006 through December 2007.

She submitted 2,437 false claims to Medicaid for a total of $8.9 million in phony services. Woodard was indicted on one count of health care fraud.

As the first trial date approached, Woodard filed the first of many motions to change counsel. After the District Court appointed a third attorney, it sua sponte ordered Woodard to undergo a competency examination because it felt that she might not understand the nature of the proceedings against her. After a doctor concluded that Woodard was competent to stand trial because she knew and understood the charges against her and was able to assist in her defense, the court found Woodard legally competent to stand trial. Nearly two years later, after several more delays and new attorneys, Woodard asked for a second competency evaluation, which the court denied. Woodard pleaded guilty and was sentenced to 80 months imprisonment.

In United States of America v. Carol Y. Woodard, 12-3363, Woodard argued that the District Court abused its discretion by not ordering a second competency evaluation; that she did not knowingly and voluntarily plead guilty during her Rule 11 colloquy; and the judge violated the ex post facto clause at sentencing.

The federal appeals court rejected her first two claims, finding the trial court reach a reasonable conclusion after it reviewed a previous psychological evaluation, considered the advice of two mental health professionals, and considered her interactions with her attorneys, Judge Ann Claire Williams wrote. A review of the record shows that she voluntarily and knowingly pleaded guilty during her colloquy, as no red flags were raised to alert the court to the contrary.

But, the 7th Circuit agreed that Judge Larry J. McKinney sentenced her under the wrong version of the sentencing guidelines. She committed her crimes in 2006 and 2007, but, relying on 7th Circuit precedent, McKinney sentenced Woodard based on sentencing guidelines in effect at the time she was sentenced in 2012. Instead of a sentencing range of 51 to 63 months based on the 2007 version of the sentencing guidelines, she was subject to a range of 97 to 121 months.  

The 7th Circuit ordered Woodward resentenced based on Peugh v. United States, 133 S. Ct. 2072 (2013). The Supreme Court of the United States held that the ex post facto clause is violated when a defendant is sentenced under guidelines promulgated after the commission of the crime when the use of those guidelines results in a higher sentencing range than the one calculated under the guidelines in effect at the time the offense was committed.

“Although the district court sentenced Woodard under then-controlling Seventh Circuit precedent, it is plain at the time of our review that under Peugh, the district court committed an error,” Williams wrote.
 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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