Judge Won't DQ Fla. Prosecutors In $1B Health Fraud Case

Law360 (November 14, 2018, 2:27 PM EST) -- A Florida federal judge on Tuesday denied a Miami businessman's bid to dismiss or disqualify the prosecution team in a $1 billion health care fraud case against him, but despite criticizing federal prosecutors' and agents' performance, the court rejected a magistrate's findings that they had acted in bad faith.

U.S. District Judge Robert N. Scola, who held daylong oral arguments last week on the government's and defendant Philip Esformes' objections to a report and recommendation from U.S. Magistrate Judge Alicia Otazo-Reyes, mostly adopted her findings but also narrowed her recommendation for certain evidence to be suppressed at trial.

“The court finds...

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