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158013 - People v Xun Wang

The People of the State of Michigan,

 

Brendan Maturen

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Ingham – Aquilina, R.)

 

Xun Wang,

 

Patricia Maceroni

 

Defendant-Appellant.

 

Summary

After an undercover investigation into the family medical clinic where defendant worked for a licensed doctor, she was charged with two counts of Medicaid fraud and one count of the unlawful practice of a health profession.  She was convicted as charged after a bench trial.  On appeal, defendant challenged, among other things, the sufficiency of the evidence supporting her convictions.  In an unpublished opinion, the Court of Appeals affirmed her convictions.  The Supreme Court has directed oral argument on defendant’s application for leave to appeal to address:  (1) whether the statutory exception in MCL 333.16294 is an element of the offense for which the prosecutor has the burden of proof, see People v Rios, 386 Mich 172 (1971); but see People v Langlois, 325 Mich App 236 (2018); (2) if the statutory exception is an element of the offense, whether the Court of Appeals erred in holding that the evidence was sufficient to sustain the defendant’s conviction under MCL 333.16294 and specifically, whether the Court of Appeals erred in concluding that the defendant’s actions were consistent with the practice of medicine and therefore could not be delegated to her under MCL 333.16215; and (3) if the statutory exception is not an element of the offense, whether defense counsel rendered ineffective assistance for failing to raise a delegation defense and bring the relevant statutory provisions to the trial court’s attention.  In addition, defendant shall address whether the evidence was sufficient to sustain her convictions under MCL 400.607(1), and specifically whether the evidence was sufficient to show that she was in possession of facts under which she was aware or should have been aware that her conduct was substantially certain to cause the payment of a Medicaid benefit.  See MCL 400.602(f). ​