Fraud case against Las Vegas attorney reinstated
The 9th U.S. Circuit Court of Appeals in San Francisco today reinstated the federal fraud case against Las Vegas attorney Noel Gage and medical consultant Howard Awand.
"This is a big win for the government in a very important case," said U.S. Attorney Greg Brower, who is in Reno today. Gage and Awand are accused of conspiring with doctors to cheat injured clients and enrich themselves. The appeals court was asked to determine whether visiting U.S. District Judge Justin Quackenbush acted appropriately last year when he ordered prosecutors to give spine surgeon Mark Kabins immunity to testify against the two defendants.
Quackenbush dropped the charges against the pair after prosecutors refused to grant Kabins immunity. Defense attorneys claimed Kabins would have contradicted government witnesses had he been allowed to testify with immunity. The appeals court ruled that due process compels immunity only for defense witnesses who will offer testimony that directly contradicts the testimony of a government witness who has been given immunity.
"Direct contradiction means more than just different subjective interpretations of the same facts," according to the decision, which concludes that Kabins would not have directly contradicted a government witness who received immunity.
Appellate judges heard arguments in the case Aug. 11. Gage, 71, said he does not intend to ask the appellate court for a rehearing. "I am very anxious to get to trial immediately to get the acquittal that I'm entitled to," he said.
Contact reporter Carri Geer thevenot at cgeer@reviewjournal.com or 702-384-8710.
