No Double Jeopardy In Atty Fraud Suit: 5th Circ.

Law360, New York (December 14, 2010, 7:56 PM EST) -- A federal appeals court has shot down a plaintiffs attorney's bid to toss an indictment against him over his handling of silicosis settlements on grounds of double jeopardy, ruling that a retrial is not precluded by the fact that the federal government walked away from its honest services fraud charge during proceedings that ended in a mistrial.

A three-judge panel in the U.S. Court of Appeals for the Fifth Circuit on Tuesday affirmed a district court's denial of Warren Hoeffner's motion to dismiss the indictment, ruling...
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