DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
221275P.pdf 08/23/2023 United States v. Abdisalan Hussein
U.S. Court of Appeals Case No: 22-1275
U.S. District Court for the District of Minnesota
[PUBLISHED] [Stras, Author, with Shepherd and Kobes, Circuit Judges]
Criminal case - Criminal law. For the court's prior opinion in the matter,
see United States v. Luna, 968 F.3d 922 (8th Cir. 2020), where the court
vacated the restitution award for reexamination. On remand, the district
court concluded that defendant qualified as a "runner" or recruiter for 53
of the 65 victims in the insurance fraud scheme, dropping the restitution
award from $187,277 to $155,864; defendant appeals, arguing he owes no
restitution. The district court's order is affirmed, and defendant's
argument that he was not a runner in the scheme is rejected, as defendant
was paid a fee for every patient he recruited for treatment and had reason
to know, if not actual knowledge, that the service provider's purpose was
to obtain payment under an auto insurance policy; neither of the
exceptions in the applicable Minnesota fraud statute apply to defendant.