Since 2009, President Obama has been saying numerous times, “If you like your health-care plan, you will be able to keep your health-care plan”, but as it turns out, those statements were false and according to Andrew McCarthy on Saturday, that amounts to fraud.
McCarthy explains that Justice Department guidelines, set forth in the U.S. Attorneys Manual, recommend prosecution for fraud in situations involving “any scheme which in its nature is directed to defrauding a class of persons, or the general public, with a substantial pattern of conduct.”
McCarthy asks, “How serious was this lie.”
“So, for example, if a schemer were intentionally to deceive all Americans, or a class of Americans (e.g., people who had health insurance purchased on the individual market), by repeating numerous times — over the airwaves, in mailings, and in electronic announcements — an assertion the schemer knew to be false and misleading, that would constitute an actionable fraud — particularly if the statements induced the victims to take action to their detriment, or lulled the victims into a false sense of security,” said McCarthy.
US Code on fraud and false statements covers the definition and charges associated with making false statements under false information and hoaxes and false statements relating to health care matters.
In 18 U.S.C. 1038, it states:
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