Accused Fraudster Denied Double Jeopardy Protection on Appeal

A Texas man accused of defrauding health care programs of more than $140 million lost his appeal to avoid retrial on the charges after the Fifth Circuit said he forfeited his double jeopardy claim.

Scott Breimeister and four codefendants went to trial in late 2022, but it never went to verdict. The district court declared a mistrial after the government failed to disclose Brady material to the defense.

On appeal, Breimeister argued the Double Jeopardy Clause barred trying him again because the court declared the mistrial over his objection. But Breimeister gave his implied consent and, either way, “manifest necessity” ...