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State v. Kell

The state may prosecute Medicaid fraud cases under O.C.G.A. § 49-4-146.1 b 1 C, in any county where an act in furtherance of the crime took place.

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We granted certiorari to the Court of Appeals in these consolidated cases to determine where venue lies in the prosecution of cases of Medicaid fraud committed by a fraudulent scheme or device under OCGA § 49-4-146.1 b 1 C. We hold that venue is proper in any county where an act was committed in furtherance of the fraudulent transaction. To the extent that the Court of Appeals reached a contrary conclusion in Culver v. State , 254 Ga. App. 297 1 b 562 SE2d 201 2002 and Cash v. State , 254 Ga. App. 718 2 563 SE2d 459 2002, those cases are reversed. S02G0997

In one count of a multi-count indictment returned in Fulton County, Michael J. Kell was charged with obtaining Medicaid benefits by a fraudulent scheme or device under OCGA § 49-4-146.1 b 1 C.1 The indictment alleged a fraudulent scheme which consisted of ordering urine drug screens for Medicaid recipients which were medically unnecessary, illegally processing those tests in a laboratory owned by Kell, and falsifying that fact when submitting claims for reimbursement by Medicaid. These acts occurred in Kell’s office in Fulton County, and Kell sought reimbursement from Medicaid by means of electronic billings from that location. The electronic billings were received and processed by Electronic Data Systems EDS, the fiscal agent for Medicaid, located in DeKalb County. The processed Medicaid checks were accepted by Kell in Fulton County and some of those funds were deposited into a bank account in Fulton County.

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