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A conviction for health care fraud, one might reasonably assume, requires proof of an actual fraud, and a corresponding intent to defraud. There is no shortage of available definitions of these two concepts. Non-legal dictionaries variously define “fraud” as “deceit” or “trickery,” or, more specifically, “intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right.”1 Black’s Law Dictionary defines fraud as the “knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.”2 The Second Circuit notes that a scheme to defraud “has been described as a plan to deprive a person ‘of something of value by trick, deceit, chicane or overreaching.’”3

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