You’ll Never Guess Why This Man’s Fraud Charges Were Dropped
A pharmacy owner has his lawyers to thank for getting him out of a jam for fraud charges. In fact, after he was convicted of fraud, he hired new lawyers to clear his name, and they did just that. We’ll tell you all about it here.
The Case at a Glance
The man was charged in 2013 with health care fraud and aggravated identity theft. Prosecutors accused him of defrauding Medicare, Medicaid and private insurers by submitting false claims for prescription refills – none of which had been requested or received by customers. After he was convicted by a federal jury in 2014, the man decided he needed new representation, and replaced his lawyers with two new ones, who immediately pressed for a new trial.
New Lawyers Discover Destruction of Evidence and False Testimony From Prosecutors
Before a federal judge ultimately dismissed the fraud charges, the man’s lawyers said that the federal prosecutors had misinformed jurors, destroyed evidence and presented false evidence during his first trial. Here are but a few of the disturbing actions alleged to have been taken by the prosecutors are:
- A centerpiece for the prosecution during the first trial was their allegations that the man failed to respond to an email from a pharmacy technician. What the prosecution failed to show was that the man did respond by phone.
- The prosecutors failed to turn over information about inconsistencies in the amount of loss experienced by the government programs. There were significant differences in what an expert witness calculated and what a government auditor found.
- Four (4) boxes of evidence files were destroyed before the man’s attorneys had an opportunity to review them.
Judge Calls Actions of Prosecutors “Shocking”
As he dismissed the fraud charges, U.S. District Judge George Russell called the actions of the federal prosecutors “improper and shocking” and that they “shock the conscience of this court.”
If You’ve Been Charged With a White Collar Crime Like Fraud, Call The Oswalt Law Group
In a previous entry, we wrote about the importance of legal representation if you’re facing white collar charges. The case detailed above is a perfect example. If you’ve been charged with fraud, embezzlement or another type of white collar crime, it’s important you speak with an attorney as soon as possible. For a free consultation, call us here at The Oswalt Law Group. Our number is (602) 225-2222.