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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.