Las Vegas Malpractice Fraud Case Reinstated by Federal Court

September 3, 2009

A federal appeals court hasreinstated a criminal case against a Las Vegas attorney and medical consultant accused of participating in a scheme to inflate medical costs, protect doctors from malpractice lawsuits and share kickbacks from legal settlements.

Visiting Senior U.S. District Court Judge Justin Quackenbush dismissed the case against attorney Noel Gage and medical consultant Howard Awand in June 2008 after prosecutors refused to grant Dr. Mark Kabins immunity for his testimony.

Gage and Awand were a part of a network of Las Vegas doctors and lawyers who took part in the scheme, prosecutors said. Kabins also has been charged with fraud and conspiracy for his alleged part in the scheme.

U.S. Attorney Greg Brower applauded the ruling by the 9th U.S. Circuit Court of Appeals of San Francisco.

“We have felt all along that Judge Quackenbush’s ruling with respect to Dr. Kabins was erroneous and contrary to the overwhelming weight of case law precedent,” he said.

Gage said he was disappointed by the ruling but plans no appeal.

“I am anxious to get acquitted very quickly, which I will do,” Gage said. “I want my speedy trial as soon as possible.”

David Chesnoff, who represents Kabins, said his client maintains his innocence.

“We’re looking forward to our day in court,” Chesnoff said.

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