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W.D.Ky: Billing fraud case permitted broad description in SW

By John Wesley Hall, Jr.

Allegations of a billing fraud case were sufficiently particular in the drafting of the affidavit. The officers did not know what kind of evidence they would encounter in the search for evidence of the scheme. United States v. Gordon, 2010 U.S. Dist. LEXIS 53209 (W.D. Ky. June 1, 2010)*: Likewise, Graas did not know what exact documents would contain information relating to the scheme to defraud others based on services not provided. However, the financial documents of the company were "likely to provide information concerning the [defendant’s] involvement in the [over-billing] scheme." Id. Therefore, the warrant was sufficiently particularized with respect to the things to be seized. See also United States v. Gardiner, 463 F.3d 445, 471 (6th Cir...continue to full post

Full post as published by Fourth Amendment on June 03, 2010 (boomark / email).