Health care fraud; affirmative defense · as in force on May 31, 2026
§ 177.30 Health care fraud; affirmative defense.
In any prosecution under this article, it shall be an affirmative defense that the defendant was a clerk, bookkeeper or other employee, other than an employee charged with the active management and control, in an executive capacity, of the affairs of the corporation, who, without personal benefit, merely executed the orders of his or her employer or of a superior employee generally authorized to direct his or her activities.
A defendant has an affirmative defense to a health-care-fraud charge if the defendant was a clerk, bookkeeper, or other nonexecutive employee without active management and control who received no personal benefit and merely followed an employer’s or authorized superior’s orders. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.