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An indictment containing 64 counts of Health Care Fraud charges, under 18 USC § 1347 was dismissed against an orthopedic surgeon represented by Harrington & Mahoney. The dismissal was pursuant to a rare deferred prosecuting agreement reached with the United States Attorney of the Western District of New York. This physician was indicted in August 2006. Mr. Mahoney brought extensive challenges to the search of the doctor's office, and to the nature of the investigation leading to the arrest, on claims of vindictive prosecution, facial insufficiency of the accusation, estoppel, the interests of justice, and a groundbreaking claim of lack of jurisdiction.
Our motion to dismiss was at once granted, but then overturned by the district court. Nevertheless, after extensive negotiations with the government, the charges were settled with a "pretrial diversion" agreement involving the payment of a settlement amount, with no adverse consequences for the physician with respect to his license or his ability to participate in federal payor programs.
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