US v. Yoon
Split Score
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Case Summary
Disposition
Affirmed
The First Circuit affirmed Chang Goo Yoon’s convictions for health-care fraud and his 27-month sentence. Rejecting Yoon’s evidentiary and guideline challenges, the court upheld the district court’s admission of prior-investigation evidence and endorsed the use of the full amount billed as intended loss, while also ruling that a physical therapist occupies a position of trust toward private insurers for purposes of the U.S.S.G. § 3B1.3 enhancement.
Circuit Split Identified
Legal Issue
Whether a health-care professional submitting claims to a private health-insurance company occupies a "position of trust" under U.S.S.G. § 3B1.3, such that the two-level abuse-of-trust enhancement may be applied.
Circuit Positions
Health-care professionals do occupy a position of trust vis-à-vis private insurers; § 3B1.3 enhancement applies.
A fiduciary relationship is required; providers are not in a position of trust toward insurers, so § 3B1.3 does not apply.
Conflict Summary
Most circuits hold that medical providers exercise professional discretion relied upon by insurers and therefore occupy a position of trust, allowing the § 3B1.3 enhancement. The Eleventh Circuit alone requires a formal fiduciary relationship and therefore bars the enhancement in this context.