No. 24-7428

Melchor Karl T. Limpin v. Gavin Newsom, et al.

Lower Court: Ninth Circuit
Docketed: 2025-06-16
Status: Denied
Type: IFP
IFP
Tags: employer-mandate false-claims-act honest-services-fraud immigration-status medicaid-fraud rico-act
Key Terms:
SocialSecurity DueProcess Immigration JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether federal funds for Medicaid were fraudulently used to subsidize health coverage for undocumented immigrants through California state legislation, in violation of federal law

Question Presented (OCR Extract)

TO THE COURT Matters of public interest of nationwide importance 1. Whether federal funds for Medicaid (42 U.S.C. § 1396b) were swindled to subsidize California Senate Bill No. 184 (2021-2022 Reg. Sess.); Stats. 2022, ch. 47, § 82) (Welfare & Institutions Code § 14007.8), which provided health coverage through the state ’s Medicaid or Medi-Cal to undocumented foreigners of “all ages without satisfactory immigration status, ” that deceitfully provided health benefits to illegal immigrants working in California without federal work permits and filing tax returns to qualify for Medicaid, alleged as a scam because numerous large business enterprises benefited to the detriment of public funds that subsidized their costs to provide health coverage to their full-time employees under the Employer Mandate 26 U.S.C. § 4980H (Shared responsibility for employers regarding health coverage) engaged with racketeering activity for illegal harboring and exploitation of illegal immigrants without federal work permits for cheap labor with wages less than the state ’s minimum wage law, 18 U.S.C. § 1961(1) subd. F (harboring certain aliens for financial gains) and thus, petitioner Limpin brought forth a private action for conspiracy to commit Federal Medicaid fraud under the False Claims Act (31 U.S.C. § 3729 et seq.) for the same course of conduct to conspiracy to engage with racketeering activity under the Racketeer Influenced and Corrupt Organizations (RICO) Act (18 U.S.C. § 1961 et seq.) against an assortment of defendants: (1) Governor Gavin Newsom in his personal capacity, owns several vineyards in California for conflict of interest having financial interest used public funds for ii Medicaid to deceitfully avoid his costs to provide health coverage for illegal immigrants in his employ under the Employer Mandate 26 U.S.C. § 4980H and breach of fiduciary duty to provide honest services devised a scheme or artifice to defraud Federal Medicaid 18 U.S.C. § 1346; § 1347, enacted state legislations providing COVID-19 relief, state issued identification cards, and Medicaid to illegal immigrants without federal work permits working full-time in his vineyards, illegally harbored and exploited for cheap labor under the RICO Act 18 U.S.C. § 1961(1) subd. F (harboring certain aliens for financial gains); (2) State Senate President Toni Atkins and Assembly Speaker Anthony Rendon in their personal capacities (Hafer v. Melo, 502 U.S. 21, 27 (1991)) used their political power to influence, breached fiduciary duty to provide honest services to the public it serves and assented to conspire to commit health care fraud and effected a scheme or artifice to defraud federal funds for Medicaid 18 U.S.C. § 1346; § 1347 by passing legislations (COVID19 relief, state issued identification cards and Medi-Cal) provided to illegal immigrants working in California without federal work permits, qualified based on tax returns and should not be cloaked with legislative immunity because of legislative acts not in the sphere of a legitimate legislative activity (Tenney v. Brandhove, 341 U.S. 367, 376 (1951)) because Senate Bill No. 88 provided CO VID19 relief that included undocumented persons without satisfactory immigration status who filed a tax return with a Federal Individual Taxpayer Identification Number (ITIN) (Welfare & Institutions Code § 8150) however, Senate Bill No. 88 deceitfully amended the Cal. Revenue and Taxation Code § 17052 subd iii (p)(l)-(p)(2) (“By substituting “federal individual taxpayer identification number or a social security number ” for “social security number. ”) that effected a scheme or artifice to defraud Federal Medicaid 18 U.S.C. § 1346; § 1347 by concealing the deportable status of over 640,000 illegal immigrants without federal work permits that filed ITIN tax returns for a social security number to qualify for Medicaid the following tax season under Senate Bill No. 184 combined with state issued identification cards Assembly Bill No. 1

Docket Entries

2025-10-06
Petition DENIED.
2025-07-31
DISTRIBUTED for Conference of 9/29/2025.
2025-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 16, 2025)

Attorneys

Melchor Karl T. Limpin
Melchor Karl T. Limpin — Petitioner