Whether patients whose information was used in a healthcare fraud case, but who were not otherwise harmed, count as 'victims' for purposes of the vulnerable victim sentencing enhancement under U.S.S.G. § 3A1.1

QUESTION PRESENTED United States Sentencing Guideline § 3A1.1 provides for a base offense level increase where the victim of the offense was vulnerable. In a case involving healthcare fraud, where the victims are Medicare, Medicaid, or an insurance company, do the patients whose information was used (but are not otherwise harmed) count as “victims” for purposes of this Guideline enhancement? i RELATED CASES Pursuant to Supreme Court Rule 14(1)(b)Gii), Petitioner submits the following cases which are directly related to this Petition: none ili