United States v. Kelechi Ajoku

Kelechi Ajoku (“Ajoku”), convicted of four counts of making false statements relating to health care matters ( 18 U.S.C. § 1035 ) and sentenced to thirteen months incarceration plus restitution, appeals, arguing the district court erred by: (1) denying his motion for judgment of acquittal on all counts because the government presented insufficient evidence to support the convictions; (2) failing to instruct the jury that a duty to disclose is an element of false statements by concealment; (3) improperly instructing the jury on the ele ments of willfulness and materiality; and (4) admitting inflammatory and unduly prejudicial evidence concerning the scope of the alleged billing fraud. He also argues that the cumulative effect of these errors requires reversal. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

FACTS AND PROCEDURAL HISTORY

In 2005, Ajoku, a licensed vocational nurse, was offered a job to serve as the “exemptee” for the Santos Medical Supply Company (“Santos”) at a salary of $400 per month. Under California regulations, an exemptee, acting like a pharmacist, is responsible for maintaining and distributing prescription medical devices for…