Free Speech, Due Process and Trial by Jury
In this edition of Litigation Roundup, a divided panel of the Fifth Circuit sides with Susman Godfrey and undoes the dismissal of a qui tam False Claims Act suit against Lockheed Martin, and a former financial advisor is convicted of defrauding three NBA players, including two who played for Dallas and Houston.
Katten's Brandon N. McCarthy said he was perplexed when his client, retired Dr. David Wolf of Houston, was indicted on an alleged kickback scheme that was ultimately dismissed against 10 doctors.
“This was perplexing as my client was 81 years old and had retired from medicine over half a decade ago,” McCarthy said. “He had a 50-year career as a doctor with a perfect record. No medical board issues. No criminal record. My first thought was, ‘What in the world are they doing?’"
A Texas federal judge tossed a superseding indictment accusing 10 doctors, two pharmaceutical executives and two business entities of a kickback scheme involving prescriptions that spanned six years from 2013 to 2019.
The defendants had moved to dismiss the superseding indictment on several grounds, including statute-of-limitations issues.
Rather than respond to that motion, the prosecutors moved to dismiss the case “in the interests of justice.”
Prominent white-collar defense and corporate securities lawyer Toby Galloway has joined Vartabedian Hester & Haynes, a 35-lawyer Fort Worth boutique that has witnessed significant growth since it was founded two years ago.
The Texas Lawbook interviewed Galloway about the move to VHH.
Healthcare fraud prosecutions, many stemming from the pandemic, stood out among the biggest white-collar cases in Texas last year.
The U.S. Department of Transportation announced Monday that it is recommending a fine of more than $9.6 million against a Houston-based company for a November 2023 deepwater oil spill off the coast of Louisiana. The penalty is the result of an investigation by the Pipeline and Hazardous Materials Safe Administration and the recommended levy of $9,622,054 is described as the "largest civil penalty ever proposed" by the agency.
In this edition of Litigation Roundup, Marathon Oil takes a $46.5 million hit on appeal, an Austin doctor agrees to pay $13.6 million to settle five False Claims Act cases and a few Paycheck Protection Program fraud cases are adjudicated as well.
In a development that could fundamentally reshape the landscape of federal securities enforcement, three major stock exchanges are establishing operations in Dallas within the Northern District of Texas. This geographic diversification of America’s securities exchange infrastructure represents more than mere business expansion — it signals a potential seismic shift in federal criminal and civil securities enforcement. Cases that historically could only be prosecuted in Manhattan may soon find their way to Dallas courtrooms, bringing with them the possibility of different judicial approaches, jury pools and enforcement priorities.
The nomination of Nicholas Ganjei to the bench of the Southern District of Texas goes next to the full Senate, where swift approval is expected. Ganjei, currently the Southern District’s top federal prosecutor, is a former chief counsel to Sen. Ted Cruz.
Jurors in the court of U.S. District Judge Kenneth M. Hoyt found Alexandro Rovirosa guilty of conspiracy and violating the Foreign Corrupt Practices Act. A codefendant, Mario Avila, is a fugitive.
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