After nearly a year and a half of contested litigation, the U.S. Attorney’s Office for the Southern District of California abruptly moved to dismiss all criminal charges against the firm’s client, a prominent pain management physician from the Washington, D.C. area. U.S. District Judge Josephine Staton signed the dismissal order the next day, ending a painful ordeal for the client and his family.

“This misguided prosecution should never have been brought in the first place. It caused unjustified suffering to a well-respected doctor and his family,” said Bienert Katzman Littrell Williams LLP Partner John Littrell.

The U.S. Attorney charged BKLW’s client in July 2021, along with three other pain management physicians and four former executives of a genetic testing company, with a conspiracy to violate the Federal Anti-Kickback Statute (“AKS”). The indictment accused BKLW’s client of soliciting bribes in exchange for ordering genetic tests offered by an Orange County-based biosciences lab.

BKLW’s investigation exposed the false assumptions underlying the government’s case and helped reveal serious errors by the U.S. Attorney’s prosecution team that surfaced in the weeks before trial was to begin.

“The BKLW team and all defense counsel worked relentlessly to expose the weaknesses and errors that pervaded the government’s case from the get-go,” said BKLW attorney Alexis Federico. “It was an honor to work together with some of the most accomplished white collar defense lawyers in the business; each firm was essential to getting this result.”

This exceptional outcome was the culmination of skilled advocacy by BKLW Partners John L. Littrell and Thomas H. Bienert, Jr., and relentless pressure from BKLW’s accomplished trial team, led by trial attorneys Alexis Paschedag Federico and Sandra C. Lechman and litigation paralegals Toni Thomas and Garrison Giali, along with expertise from digital forensics examiner Niko Costin.

Related Insights

May 14, 2024 Case Successes

Motion to dismiss secured for high-profile client in alleged abuse case

On May 9, 2024, a Utah Court dismissed the case against Bienert Katzman Littrell Williams LLP’s client Katherine Ballard with prejudice under Utah’s newly enacted Uniform Public Expression Protection Act (Utah.Stat. §...
Nov 23, 2023 Case Successes

BKLW wins defense verdict for client accused of conspiring to steal biomedical trade secrets

Bienert Katzman Littrell Williams LLP scored a complete victory at trial for its client Nathan Boulais, who had been accused of violating, and conspiring with others to violate, the federal civil RICO statute based on...
Jun 30, 2023 Case Successes

Larry Flynt’s brother won’t receive a “single penny” in sweeping BKLW victory

Elizabeth Flynt, the widow of media mogul and First Amendment defender Larry Flynt, and Bienert Katzman Littrell Williams LLP client, scored a complete victory in the lawsuit filed against her by Mr. Flynt’s estranged...