Single trial requested for suspects in fraud case

Federal prosecutors filed a motion Wednesday that seeks to consolidate the fraud trials of a spine surgeon, a personal injury lawyer and a medical consultant.

"Simply put, there is no reason to have three separate trials of the same conspiracy, the same named co-conspirators, and the same set of operative facts," prosecutors wrote. "The interests of the victims, the witnesses, the jurors, the court, and the community support consolidation."

A trial for Dr. Mark Kabins is scheduled to start Nov. 3, but no trial date has been scheduled for attorney Noel Gage and consultant Howard Awand since an appeals court reinstated their criminal cases in August.

"At this time, I do not believe that consolidation is practical or a realistic possibility," said attorney David Chesnoff, who represents Kabins.

Los Angeles attorney Harland Braun, who represents Awand, said he will not object to consolidation, but Gage said he will "vigorously" oppose it.

Gage and Awand were indicted together in May 2007, and Senior U.S. District Judge Justin Quackenbush of Spokane, Wash., later separated their cases over an objection from the government. "The court did so because Awand had requested more time to prepare for trial while Gage demanded a prompt trial," prosecutors wrote in the motion to consolidate.

Prosecutors allege Gage and Awand conspired to cheat injured clients by inflating medical costs, protecting doctors from malpractice lawsuits and sharing kickbacks from legal settlements. Gage's case produced a mistrial in March 2008 after jurors failed to reach a unanimous verdict.

Quackenbush, who presided over Gage's trial in Las Vegas, later dismissed the charges against Gage and Awand after prosecutors refused to grant limited immunity to Kabins, described at the time as a target of the fraud investigation.

Kabins was indicted in March on conspiracy and fraud charges, and his case was assigned to U.S. District Judge Robert Jones.

"The indictments are considerably different," Gage said. He also said that he has been acquitted of most of the charges involving Awand.

The motion for a consolidated trial was filed under both case numbers, so it is unclear whether Jones or Quackenbush will rule on the matter. It is also unclear which judge would preside over the trial if the cases were joined.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.