[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 12

- 12723 Non

- Argument Calendar

________________________ D.C. Docket No. 4:11

- cr - 00014

- CDL

- MSH

- 1

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus VERONICA R. KIRK SCOTT, Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Middle District of Geor gia

________________________ (April 22, 2013)

Before BARKETT, MARTIN and BLACK, Circuit Judges.
PER CURIAM:

Case: 12-12723 Date Filed: 04/22/2013 Page: 1 of 42 Veronica Scott was convicted of health care fraud, in violation of 18 U.S.C. § 1347(a)(2) . On appeal, Scott argues the evidence was insufficient to prove she knew fraudulent claims were filed on her behalf. After careful review of the record and the parties’ briefs, we affirm. 1 To support a conviction for health care fraud under 18 U.S.C. § 1347, the government must prove the defendant: (1) knowingly and willfully executed, or attempted to execute, a scheme to (2) defraud a health care program or to obtain by false or fraudulent pretenses money or property under the custody or control of a health care program, (3) “in connection with the delivery of or payment for health care benefits, items, or services.” The government must show the defendant knew
t he submitted claims were false , United States v. Medina , 485 F.3 d 1291, 1297 (11th Cir . 2007), which may be established by dir ect or circumstantial evidence, United States v. Williams , 527 F.3d 1235, 1244

– 45 (11th Cir. 2008). Scott claims the testimony of the government’s witnesses did not sufficiently prove she “had knowledge that false claims were being submitted.” First, she
claim s the jury should not have believed her friend Danielle Mahone

— a witness the jury knew was a cooperating defendant

— who testified Scott knew the claims

1 This Court review s challenges to the sufficiency of the evidence de novo , viewing the evidence in the light most favorable to the government. United States v. Williams , 527 F.3d 1235, 1244 (11th Cir. 2008). Jury verdict s are upheld unless no trier of fact could have found g uilt beyond a reasonable doubt based on the evidence in the record

. Id.

Case: 12-12723 Date Filed: 04/22/2013 Page: 2 of 43 were false. 2 Second, Scott claims the jury should not have believed her roommate T’Nesha Pruitt

— a witness the jury knew was a convicted felon

— who also testified Scott knew the claims were false. Instead, Scott argues the jury should have believed her testimony that she was un aware the claims Mahone submitted on her behalf were false

. Scott’s claims a re meritless. The credibility of a witness is the “sole province of the jury.” United States v. Hamaker , 455 F.3d 1316, 1334 (11th Cir. 2006). Unless a witness’s testimony is “ so inherently incredible” or “ so contrary to the teachings of basic human experience ,” the jury’s credibility determination must stand. United States v. Chancey , 715 F.2d 543, 546 (11th Cir. 1983). In this case, neither Mahone’s nor Pruitt’s testimony lacked credibility. Mahone and Pruitt testified: (1) Scott knew Mahone submitted false insurance claims on behalf of others; (2) Scott was upset Mahone procured money for other people while living at her home rent

- free; (3) Scott implored Mahone to file false claims on her behalf; (4) Scott supplied Maho ne with the documents needed to falsify health insurance claims; (5) Scott instructed Mahone as to the precise amount of money she desired from the scheme; and (6) Scott paid Mahone several thousand dollars of the fraudulently

- obtained money in return for her assistance in

2 Mahone was also charged with health care fraud, and pleaded gui lty to a conspiracy charge related to the fraudulent filings. She was held accountable for helping eleven individuals submit fraudulent claims, including Scott.

Case: 12-12723 Date Filed: 04/22/2013 Page: 3 of 44 the scheme. Based on this testimony , it was not “ contrary to the teachings of basic human experience ” for the jury to find that Scott knew the submitted claims were false. Also meritless is Scott’s argument that the evidence was insufficient because the jury should have believed her testimony instead of the G overnment’s witnesses. When a defendant takes the stand in her defense, she “ runs a substantial risk of bolstering the Government’s cas e. ” United States v. Brown , 53 F.3d 312, 314 (11th Cir. 1995). Given the corroborative evidence of guilt in this case , w hen Scott took the stand and denied knowledge of the fraudulent claims, the jury was
entitled not only to disbelieve her but also to consider the opposite of her testimony
as true. See United States v. McCarrick , 294 F.3d 1286, 1293

– 94 (11th Cir. 2002). The verdic t finding Scott guilty shows the jury did just what it was entitled to do ; nothing more, nothing less

. See id

. In sum, because a rational trier of fact could have found beyond a reasonable doubt that Scott knew the submitted claims were false, the evidence was sufficient
to convict her of health care fraud under 18 U.S.C. § 1347(a)(2)

. AFFIRMED. Case: 12-12723 Date Filed: 04/22/2013 Page: 4 of 4