Conflicts lead to delay

The trial involving two men accused of falsely inflating personal injury settlements to pad their own pockets was rescheduled until June because of scheduling conflicts and mountains of evidence that must be reviewed by both the government and defense attorneys.

Senior U.S. District Judge Lloyd George said Tuesday that the original Oct. 29 trial date was unrealistic.

Defendants Howard Awand, a self-proclaimed medical consultant, and Noel Gage, a Las Vegas attorney both agreed to the new date, June 16, 2008.

Defense attorney Tom Pitaro told the judge that Gage was prepared to go to trial in October, but said he understood the scheduling conflicts. George allowed Pitaro to accept the new date without waiving his right to file motions demanding a speedy trial.

George said he would be away from the court in December. After the holidays, one of Awand's attorneys is giving birth. In April, the U.S. attorney's office is scheduled to be reviewed by the U.S. Department of Justice. Acting U.S. Attorney Steven Myhre, the lead prosecutor on the case, said he needs a month to prepare the office.

A February indictment charged Awand with conspiracy, honest services fraud, money laundering and obstruction of justice. Gage was indicted in May on conspiracy, honest services fraud and money laundering charges.

The indictments claim Gage, a personal injury attorney, conspired with Awand and Las Vegas doctors to "artificially inflate the value of personal injury settlements and judgments, and to obtain false and misleading testimony from doctors."

According to the indictment, Awand recruited Las Vegas doctors to participate in the scheme. The doctors referred personal injury patients to Awand, who allegedly referred the clients to personal injury attorneys participating in the scam.

The personal injury attorneys collected a percentage of the inflated settlements secured and passed on kickbacks to Awand, the indictment says.

Awand has declined to comment. Gage, 69, maintained his innocence during an interview with the Review-Journal last week.

"I think it's fair to say that the government's prosecution of this case is an attempt to create a crime where none has ever existed," said Gage, who has practiced law in Las Vegas since 1997.