Firm Wins Dismissal of All Charges from California Court of Appeal
In a published opinion by the California Court of Appeal, the Firm secured dismissal of all charges in a case touted by the Los Angeles District Attorney’s office as the largest healthcare fraud case ever filed in the history of the State, alleging losses in excess of $135 million. In this widely publicized high-stakes criminal prosecution, the Firm obtained a complete dismissal of all charges against the Firm’s client by preparing substantively while asserting all of the client’s procedural rights. The Firm demanded its client’s right to a preliminary hearing within 60 days of arraignment, as provided by California Penal Code section 859b, and ultimately the case was dismissed because that right was violated by the Los Angeles District Attorney’s Office. Although the client had agreed to limited, specific time waivers of his right to a preliminary hearing, the District Attorney’s Office failed to present evidence of probable cause within the specified time period. Ultimate dismissal of all charges based on the prosecutors’ failure to present evidence at a preliminary hearing was affirmed by the California Court of Appeal, and all charges were dismissed and cannot be refiled. The appellate decision affirming the dismissal culminated in a complete victory ending nearly a decade of intense litigation by the Firm on behalf of its client.