Defense wants doctor-lawyer conspiracy charges dropped

Attorneys representing Howard Awand have filed a motion to dismiss the indictment against the self-proclaimed medical consultant, echoing arguments that recently led to the dismissal of charges against another key player in what prosecutors say was a doctor-lawyer conspiracy scheme.

Senior U.S. District Judge Justin Quackenbush scheduled a hearing on the motion for Friday morning.

An indictment issued last year against Awand and Las Vegas personal injury attorney Noel Gage claim the two conspired with doctors to cheat injured clients and enrich themselves.

The federal government's case hit a snag when Quackenbush ordered prosecutors to offer immunity to Dr. Mark Kabins, one of the surgeons accused of being involved in the illicit network.

Attorneys representing Gage successfully argued that it was unfair for the government to grant immunity to two doctors accused of being involved in the conspiracy, but not Kabins, whose testimony was expected to contradict government witnesses.

Dr. John Thalgott and Dr. Benjamin Venger each testified that they lied during personal injury trials to boost settlements, which helped enrich Gage. Thalgott testified that he and Kabins met privately with Gage to discuss a strategy to blame an anesthesiologist for permanent injuries suffered by one of their patients during surgery.

Attorney David Chesnoff, who represents Kabins, said his client's testimony would have "sharply contradicted" that of Thalgott.

"The integrity of our justice system would be totally compromised if the prosecutor could grant immunity to witnesses whose testimony supports the Government's charges, but reject the same 'use' immunity to other witnesses whose testimony would contradict the Government's position or witnesses," Quackenbush wrote in his June ruling.

Attorneys for Awand, who is accused of being the ringleader of the illegal operation, now hope for the same result.

"The Government and Howard Awand agree and stipulate that for the purposes of adjudicating the issue of granting use immunity to Dr. Mark Kabins, Howard Awand's legal and factual position is identical to that of co-defendant Noel Gage," according to the motion filed by Awand.

Federal prosecutors refused to offer immunity to Kabins, saying he still is a target of the investigation. They have not decided whether to pursue charges against him. They appealed Quackenbush's ruling on Gage to the 9th U.S. Circuit Court of Appeals.

When rendering his decision on Gage, Quackenbush said allowing Kabins immunity would not preclude the government from filing charges against him. His testimony, like his eight hours of interviews with prosecutors prior to the Gage trial, can only be used to further the government's investigation; it cannot be used as evidence against him.

Quackenbush's ruling on Awand could potentially kill the government's case, which was expected to bring down dozens of high-profile doctors and personal injury lawyers in Las Vegas.

Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.