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Case No. 18-0853

State of Iowa
Chung Chris Lo


State of Iowa


Chung Chris Lo

Attorney for the Appellee

Martha E. Trout, Assistant Attorney General

Attorney for the Appellant

R. Ben Stone

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 19, 2020

            Appeal from the Iowa District Court for Dallas County, Richard B. Clogg, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (14 pages)

            Chung Chris Lo appeals his conviction for first-degree fraudulent practice.  OPINION HOLDS: I. Lo fails to show his trial counsel was ineffective in failing to challenge the fraudulent practice statute as unconstitutionally vague and therefore void.  The term “participating” as used in the statute is of common usage and understandable.  And the statute is not vague as applied to Lo because the State was not required to show that Lo was a provider “participating” in the Medicaid program, only that he aided and abetted a provider participating in the program.  II. Sufficient evidence supports Lo’s conviction because it shows he failed to disclose that he was permanently excluded from participation in the Medicaid program while aiding and abetting his wife and nephew, who owned a company that was a Medicaid provider.  III. Lo cannot show the trial court’s omission of a portion of his requested instruction on “mistake of law” prejudiced him.  IV. The trial court did not abuse its discretion in denying Lo’s motion for mistrial because testimony by a State witness that Lo and his wife were involved in a scheme to defraud Medicaid did not render the jury unable to reach an impartial verdict.

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