United States v. Rossoff

OPINION

RICHARD MILLS, District Judge:

Two criminal jury trials — two hung juries — coupled with not guilty verdicts on some of the counts.

Should this Court put an end to this criminal prosecution?

Yes.

Defendant moves for judgment of acquittal.

The Government opposes, but moves for dismissal without prejudice, which in turn, is opposed by the Defendant.

The Court will do neither.

The Court dismisses the remaining five counts with prejudice.

I. BACKGROUND

The Food and Drug Administration (FDA) is charged with the responsibility of protecting the health and safety of the American public by ensuring…