Analysis

Hints Of 'Sloppy' Prosecution Could Haunt Esformes Trial

Law360 (February 8, 2019, 9:23 PM EST) -- Jurors seated Monday for the $1 billion health care fraud case against Miami businessman Philip Esformes won’t hear details about the pitched battle over prosecutorial errors that a judge called “sloppy” and “careless,” but experts say pretrial rulings leave just enough wiggle room for the defense to hint at it and derail a conviction.

U.S. District Judge Robert Scola has barred Esformes from bringing up evidence during the trial that related to prosecutorial misconduct found by U.S. Magistrate Judge Alicia Otazo-Reyes, but the limits of Judge Scola's one-sentence order on the issue will likely be tested in court by the defense....

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