January 2023 – Within just weeks of the first day of trial, a federal judge dismissed the entire conspiracy and anti-kickback/fraud indictment against all six remaining defendants, including Kendall Brill & Kelly’s client, a founder, and the former chief medical officer of a premier spine and pain management practice.
Government prosecutors indicted KBK’s client and three other physicians at the pain management organization, the founder and CEO of a biotechnology company, and one of that company’s sales representatives.
With trial to begin January 24, KBK Partner Janet I. Levine, KBK Attorney Vincent P. Honrubia and KBK paralegals and legal assistants, working with co-counsel and attorneys representing the other defendants, brought an avalanche of motions exposing deep flaws in the government’s factual theories, as well as significant issues in discovery and in the government’s respect for attorney-client relationships. The issues raised in the motions culminated in the complete dismissal.
“This victory was the product of teamwork, hard work, and creative work,” said Ms. Levine. “We are deeply gratified that we were able to obtain justice for our client.”
The extremely rare complete dismissal puts an end to the government’s multi-year investigation and the anti-kickback and Medicare fraud indictment filed in 2021. The case number is 21-cr-00112-JLS (CDCA).