U.S. v. Kamin
| Decision Date | 01 March 1985 |
| Docket Number | PLAINTIFF-APPELLEE,DEFENDANTS-APPELLANTS |
| Parties | Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. UNITED STATES OF AMERICA,, v. DAVI KAMIN, MICHAEL AMES, NO. 84-1309, 84-1310 |
| Court | U.S. Court of Appeals — Sixth Circuit |
On Appeal from the United States District Court for the Eastern District of Michigan
Before: ENGEL and KEITH, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.
Defendants David Kamin and Michael Ames appeal their convictions for mail fraud in violation of 18 U.S.C. Sec. 1341 entered in the United States District Court for the Eastern District of Michigan. Appellants claim that their convictions were not supported by sufficient evidence, that the trial court erroneously denied Kamin's motion for a bill of particulars, and that there was an improper, material variance between the indictment and the proofs at trial.
Kamin, Ames, and Darrell Bell (not a party herein) were indicted by a grand jury on October 7, 1983 on 37 counts of mail fraud. The indictment charged that the defendants had devised and implemented a scheme to defraud Blue Cross/Blue Shield of Michigan ('Blue Cross'). Kamin, a licensed chiropractor, operated the New Center Clinic in Detroit. Ames was employed at the clinic. According to the government, Bell operated a business known as 'Data Analysts' for Kamin and through that business, placed advertisements in the Detroit newspapers soliciting laid-off auto workers to participate in a survey. Persons who responded to the survey ads were allegedly paid $7.00 per hour to complete a survey questionnaire and undergo unnecessary physical examinations and other medical tests at the New Center Clinic. In addition, the government asserts that, for a fee, defendants falsified 'work slips,' which excused auto workers from their employment on medical grounds, and then performed unnecessary medical tests on these 'work slip' patients. The government claims that defendants reported fictitious diagnoses for both survey patients and 'work slip' patients to fraudulently obtain reimbursement from Blue Cross. Finally, the indictment charged that the defendants caused Blue Cross to mail 37 checks to them in furtherance of their scheme to defraud and thereby committed 37...
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