Palma

Defendant and appellant Nita Almuete Paddit Palma appeals from the judgment (order granting probation) entered following a jury trial in which she was convicted of six counts of receiving unlawful remuneration—Medi-Cal fraud, a violation of Welfare and Institutions Code section 14107.2, subdivision (a). This section prohibits the receipt of remuneration, including kickbacks, in return for the referral of any individual to a person for furnishing merchandise paid for by Medi-Cal, except payment by an employer to an employee. (Welf. & Inst. Code, § 14107.2, subds. (a), (c).)

Imposition of sentence was suspended and Palma was placed on probation for 3 years upon certain terms and conditions, providing she spend the first 180 days in county jail with 31 days of precommitment credit and ordered to pay a fine of $60,000.

Factual and Procedural Background

1. The prosecution’s case.

In 1988, Ely Salanga owned a number of board-and-care homes with other members of his family. In May of 1988, his niece, Maria Lourdes Arkoncel, began working at Belshire Glen Manor, one of the homes owned by Salanga and his wife. Arkoncel’s brother worked at one of Salanga’s other homes. Sometime…