People v. Drake

In People v. Drake (1996) 42 Cal.App.4th 592, the court followed Neder and refused to apply Bailey to multiple convictions for presenting false Medi-Cal claims (Wel. & Inst. Code, 14017). (People v. Drake, supra, 42 Cal.App.4th at p. 597.) The court explained that the offense is concerned with "the 'means' as opposed to the 'ends' of the offense. It is the act of a physician intentionally submitting a false or fraudulent claim that constitutes the offense rather than the amount of money the physician obtains through his or her fraudulent act." (Id. at p. 596.)