United States v. Barry Garfinkel

MAGILL, Circuit Judge.

In this appeal, the government challenges the district court’s order dismissing two counts of the indictment brought against Barry Garfinkel. The two dismissed counts charged Garfinkel with the violation of Food and Drug Administration (FDA) regulations. We reverse and remand to the district court for further proceedings.

I. BACKGROUND

The grand jury returned a twenty-five count indictment against Garfinkel, a child psychiatrist employed by the University of Minnesota. Garfinkel, the principal investigator for an experimental drug study, was responsible for the clinical…