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Case Digests
- Article from:
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Daily Record (Rochester, NY)
- Article date:
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July 3, 2008
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Copyright informationCopyright 2008 Daily Record (Rochester, NY). Provided by ProQuest LLC. (Hide copyright information)
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u.s. district
Court, wdny
Commerce Clause
Indictment
U.S. v. Soliman
06-CR-236A
Judge Arcara
Background: The defendant is a physician charged in a 64-count
indictment with engaging in a scheme to defraud health care benefit
programs. The defendant moved to dismiss on the grounds that the
indictment is insufficient, multiplicitous and the statute at issue
exceeds Congress' authority under the Commerce Clause. In March, the
magistrate judge recommended granting the motion and dismissal of
the indictment.
Ruling: The court does not accept the recommendation and finds
the indictment sufficiently alleges the violations, is not
multiplicitous and not in violation of the Commerce Clause. The ...
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