Texas Code of Criminal Procedure 38.47 – Evidence in Aggregation Prosecution for Fraud or Theft Committed With Respect to Numerous Medicaid or Medicare Recipients
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Terms Used In Texas Code of Criminal Procedure 38.47
- Allegation: something that someone says happened.
- Circumstantial evidence: All evidence except eyewitness testimony.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
In trials involving an allegation of a continuing scheme of fraud or theft that involves Medicaid or Medicare benefits and is alleged to have been committed with respect to a large class of Medicaid or Medicare recipients in an aggregate amount or value, the attorney representing the state is not required to prove by direct evidence that each Medicaid or Medicare recipient did not consent or effectively consent to a transaction in question. It is sufficient if the lack of consent or effective consent to a particular transaction or transactions is proven by either direct or circumstantial evidence.