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An Indiana woman was caught by her own application to buy a Subway Sandwich shop.
Wynell Gray worked for Dovies Medicar Transportation company. When the Government arrested Gray for Medicaid fraud, she claimed that she was merely a billing clerk for Dovies. But the Government produced the application she had made when she wanted to buy a Subway Sandwich franchise, in which Gray wrote down that she was a "vice president" of Dovies.
The prosecutor alleged that Gray committed Medicaid fraud at Dovies and used the proceeds to purchase Curves and Subway franchises; the monies funnelled to the franchises totalled $119,000 for Curves and $110,000 for the Subway franchise.
The Government alleged that Gray knew what was going on and got a jury instruction known as an "ostrich instruction" which is given where the defendant claims a lack of guilty knowledge but that is really just a "charade of ignorance."
After trial, Gray was sentenced to 33 months in prison.
The food won't be as good as Subway, but at least she can work out without having to pay fitness club fees.
US v. Gray, ND Indiana, January 28,2011
|United States v. Wynell Gray OPN 28 Jan 2011.pdf||147.55 KB|