United States v. Wesley Kraude, M. D.

The appellant, Wesley Kraude, a psychiatrist, has appealed from his conviction on 11 counts of a 29 count indictment for violating 18 U.S.C. § 1001 . Appellant was found not guilty on seven counts and 11 counts were dismissed by the Government, nine before trial, one before the case was submitted to the jury and one after trial when the jury failed to agree on that count.

A motion for a Judgment of Acquittal was made at the close of the government’s case and denied. Following denial of appellant’s motion for a new trial, he was sentenced to three years' imprisonment on each of the 11 counts to run concurrently. The court suspended the sentences and placed the appellant on probation for a period of five years and as one condition of probation that he must serve six months in a jail-type institution. In addition, appellant was fined in the amount of $15,000.00.

Each count of the indictment alleged appellant submitted false requests for medicare payments to Occidental Life Insurance Company, which company was acting as the paying agent for the Social Security Administration.

Appellant’s initial contention is that the term “jurisdiction”, as used in 18 U.S.C. § 1001 , means that…