Federal Court – Dismissal – Health Care Fraud

Between the Babajian and Patterson trials, Mr. Mesereau commenced a jury trial in United States District Court, Central District (Los Angeles).  The client pharmacist was charged with multiple felony counts alleging he was a co-conspirator with a fraudulent medical clinic to illegally distribute the drug OxyContin.  The client was facing a potential life sentence.  During the third week of this jury trial, the indictment was dismissed with prejudice due to prosecutorial misconduct.  Federal prosecutors had failed to produce evidence to the defense called Brady material.  The government’s lawyers had also failed to properly inform the federal judge of certain required information relating to their witnesses.  See article:   Judge Drops Indictments Against Two Pharmacists at Rare Request of Federal Prosecutors.

Significance:  It is extremely rare for a federal criminal case to be dismissed with prejudice in the middle of the trial.


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