State v. Hollenbeck

OPINION

BIVINS, Judge.

The issue presented by this case is whether an attorney who is part of the Medicaid Providers Fraud Control Unit (MPFCU), which is funded by a legislative appropriation to the state auditor, may prosecute a criminal sexual penetration case for a local district attorney. We hold that, under the circumstances of this case, he may not. Accordingly, we reverse defendant’s conviction and remand.

By way of background, the MPFCU is organized pursuant to federal law. To encourage the states to develop MPFCUs and thus prosecute, under state law, fraud in the provision of medicaid…