Texas Pharmacy Operators Lose Double Jeopardy Bid, Face Re-Trial

A group of pharmacy operators facing criminal health care fraud charges lost their bids to bar retrial and dismiss the case on double jeopardy grounds, after a US judge in Texas said granting the motions would “essentially erase” the defendants’ alleged criminal conduct.

A grand jury returned a superseding indictment, after deciding the defendants are potentially criminally liable, and the government would be deprived of an opportunity to hold them accountable for their conduct, Judge Alfred H. Bennett, for the US District Court for the Southern District of Texas, said.

At the same time, allowing the government to have ...