People v. Boothe

*403The court properly dismissed the insurance fraud count. The People allege that defendant, as chief operating officer of a managed health care provider, caused marketing plans containing false statements to be kept on file by the provider and submitted to contracting government agencies, enabling the provider to obtain Medicaid reimbursements to which it was not entitled. Penal Law § 176.30 prohibits fraudulent insurance acts involving thefts or attempted thefts in excess of $1 million. Under Penal Law § 176.05 (1), a fraudulent insurance act, as relevant here, consists of the presentation…