United States v. Neufeld

OPINION AND ORDER

GEORGE C. SMITH, District Judge.

Defendants Neufeld and Mickle move to dismiss the indictments against them on double jeopardy grounds. The Court declared defendants’ first trial a mistrial after the government introduced unfairly prejudicial testimony that the defendants were gay lovers. For the reasons that follow, the Court denies defendants’ motion to dismiss.

I

The government charges Dr. Elliot Neu-feld and Jon Mickle with violations of the Medicare-Medicaid Anti-Kickback statute, 42 U.S.C. § 1320a-7b(b). The Anti-Kickback statute prohibits health care providers from…