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Bejerano v. State5/12/2000
to tell the doctor in order to inflate their claims about injuries. When the doctor received payments from the insurance companies, the firm retained a share.
The Console court concluded that the government had established sufficient proof of the existence of an enterprise. The enterprise in that case was an association, in fact, composed of the law firm and the medical doctor and their employees and associates, designed to enrich one another through making false claims in personal injury cases. The defense argued that the government failed to show there was an organized structure for decision making. The court held that there was sufficient proof of that element. The lead law partner and the doctor initiated the arrangement and supervised the execution of their agreement. Under their supervision and that of other associates, their employees falsified bills and charts to meet the directions of the law firm. The court said the function of overseeing and coordinating the commission of the various criminal offenses, and continuing to provide some legitimate services, was sufficient to show there was a structure in the group for the making of decisions on an ongoing rather than an ad hoc basis. In our view, the instant case is indistinguishable from Console.
AFFIRMED.
HARRIS and PETERSON, JJ., concur.
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