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U.S. District Court, Western District of N.Y. Case Summaries: July 3, 2008

U.S. District Court, Western District of N.Y.

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 ...

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