Esformes Cites Prosecutorial Misconduct In 11th Circ. Appeal

Law360 (September 8, 2020, 6:49 PM EDT) -- Former Miami nursing home mogul Philip Esformes urged the Eleventh Circuit on Friday to overturn his conviction, arguing that the trial court should have disqualified the prosecution team for misconduct and had relied on flawed testimony to calculate the $44 million restitution and forfeiture judgment.

Esformes, who was handed a 20-year prison sentence after his conviction last year on kickbacks, money laundering, bribery and obstruction of justice charges, said in a brief filed with the appeals court that the prosecution team "knowingly trampled on his privileged communications" in a raid on one of his facilities and in secret recordings of his...

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