Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Susan Carol FITZGERALD, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided June 29, 1998No. 97-30299PublishedCited by 13 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Defendant Susan Carol Fitzgerald appeals the district court’s denial of her motion to dismiss an indictment charging her with federal benefits disability fraud in violation of 18 U.S.C. § 1920. Fitzgerald argues that she was not expressly required by statute to report her earnings from other sources. Because we hold that § 1920 requires that disability claimants file truthful reports of earnings, we affirm.

FACTS AND PRIOR PROCEEDINGS

In 1992, while employed by the National Parks Service, Susan Fitzgerald was injured on the job. She filed a claim for her injury and…

2Cases cited5 opinions

  1. United States v. Frank De RosaCourt of Appeals for the Ninth Circuit · 1986
  2. UNITED STATES of America, Plaintiff-Appellant, v. Hector Rene GOMEZ-RODRIGUEZ, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1996
  3. United States v. Leo J. Dorey, Jr.Court of Appeals for the Ninth Circuit · 1983
  4. United States v. William C. AustinCourt of Appeals for the Ninth Circuit · 1987
  5. United States v. Linda Kay RichardsonCourt of Appeals for the Ninth Circuit · 1993

3Cited by13 opinions

  1. United States v. Prentice Harold DawkinsCourt of Appeals for the Fourth Circuit · 2000
  2. United States v. NaderCourt of Appeals for the Ninth Circuit · 2008
  3. United States v. Jeffrey Sale Lualemaga, AKA Jeffrey SaleCourt of Appeals for the Ninth Circuit · 2002
  4. United States v. HenryCourt of Appeals for the Tenth Circuit · 1999
  5. United States v. James Kim LaskieCourt of Appeals for the Ninth Circuit · 2001

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