People v. Boyd CA4/2

I. FACTS AND PROCEDURAL HISTORY

Defendant and appellant Charles Nelson Boyd, a California licensed life and

health insurance agent, owned and operated Consumer Driven Benefits Association

(CDBA), a group benefits association that offered members benefit packages such as life

and accidental death insurance, hospital indemnity, limited supplemental medical

insurance, and disability income. In May 2007, defendant obtained a group medical

insurance policy from United States Life Insurance Company (U.S. Life) through a sales

and marketing company called International Marketing Administration Company

(IMAC). The two entered into an organization agreement which provided that defendant

was not allowed to offer the limited medical benefits to new groups he brought into

CDBA unless he first obtained IMAC’s permission. Defendant was also not permitted to

All further statutory references are to the Penal Code unless otherwise indicated.

2 subcontract the invoicing and billing for premiums that were to be remitted to U.S. Life

through IMAC; he was required to handle those administrative matters in-house. IMAC

handled U.S. Life’s billing as an intermediary through its…