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Criminal Prescription Drug Kickback Conspiracy Charges Revived

Nov. 23, 2022, 4:55 PM

Federal prosecutors who charged an opioid prescriber accused of taking kickbacks by information, rather than indictment, in order to avoid statute of limitations problems won their Eleventh Circuit appeal to revive the criminal action.

Because the district court didn’t find that the government’s motion to dismiss the information was made in bad faith, dismissal of the information with prejudice was an abuse of discretion, the US Court of Appeals for the Eleventh Circuit said.

District courts are meant to play a limited role when the government moves to dismiss an information before trial under Rule 48 of the Federal Rules ...