Jury Charge Botched In Fen-Phen Fraud Case, 3rd Circ. Told

Law360, Philadelphia (March 27, 2014, 5:33 PM EDT) -- Botched jury instructions improperly forced a cardiologist currently serving a six-year prison sentence to bear the burden of disproving allegations that he’d willfully scammed money out of a $68 billion settlement fund set up to compensate fen-phen diet drug users, the Third Circuit heard during oral arguments Thursday.

Peter Goldberger, an attorney for Dr. Abdur Razzak Tai, argued that language in the instructions improperly suggested that the jury had to affirmatively find that the cardiologist had ignorantly submitted false certifications to the fund’s administrators that his...
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