People v. Zanoletti

In People v. Zanoletti (2009) 173 Cal.App.4th 547, the court of appeal thus rejected the argument that "the different subdivisions of section 550 merely describe different means of committing the single offense of insurance fraud" and concluded the appellant there was properly convicted of multiple violations of both section 550, subdivision (a)(1) and section 550, subdivision (a)(5), based on her role in the preparation of fraudulent paperwork for a chiropractic clinic and the paperwork's submission to insurance companies for payment. The court of appeal also rejected the appellant's argument that "her convictions under section 550, subdivision (a)(1) should be reversed because the crimes were committed as part of the same single intent and plan as the corresponding section 550, subdivision (a)(5) crimes." (Zanoletti, supra, 173 Cal.App.4th at p. 559.) The court explained: "Insurance fraud under section 550 is ... concerned with the means, rather than the end. As defined in subdivision (a)(5), the crime is complete when an individual 'knowingly prepares, makes, or subscribes any writing, with the intent to present or use it, or to allow it to be presented, in support of any false or fraudulent claim.' Under subdivision (a)(1), the crime is complete when a fraudulent claim is 'presented.' While it can be argued that appellants had a general scheme to present fraudulent insurance claims, nevertheless, the preparation of any writing with the intent to use it to support a false claim constitutes one violation and the knowing presentation of a false claim constitutes another, separate violation." (Zanoletti, at p. 560.)