Commonwealth v. Leavitt

In the course of an investigation in 1980 of Medicaid1 fraud, a special grand jury probed the billing practices of Hospital Equipment Services, Inc. (HES), a provider of hospital beds, wheel chairs, respiratory aids, walkers, and other durable medical equipment. Responding to a subpoena (after an unsuccessful motion to quash), Regina Leavitt, the president of HES, appeared before the grand jury on August 13, 1980, and December 1, 1980.2 Those appearances led to the two indictments on which the defendant was convicted by a jury, convictions from which she brought this appeal. The first…