United States v. Ronald C. Smith, M.D., Robert Miltimore and Donald F. Mitchell

TANG, Circuit Judge:

The government appeals the dismissal of an indictment charging the defendants with nine counts of causing false statements to be made to the government and with five counts of failure to maintain accurate drug testing records. The following issues are raised in this appeal: First, whether a federal agency must receive a false statement in order to trigger the statute of limitations for a violation of 18 U.S.C. § 1001; and second, whether 21 U.S.C. §§ 355(i) and 331(e) in conjunction with 21 C.F.R. § 312.1 make it a crime for a clinical investigator to maintain inadequate…