Prosecutors to appeal Gage case

Federal prosecutors on Monday filed notice that they intend to appeal a U.S. district judge's decision to drop criminal charges against personal injury attorney Noel Gage.

The case then goes to the 9th U.S. Circuit Court of Appeals, court documents said.

Gage, 70, faced charges of mail fraud and wire fraud. Prosecutors accused him of being part of a network of Las Vegas physicians and lawyers who cheated clients out of honest services.

The government claimed Gage inflated medical costs, protected doctors from malpractice lawsuits and shared kickbacks from legal settlements.

The first attempt at prosecuting Gage resulted in a four-week trial that ended March 11. A jury deliberated for one week before determining it could not reach a conclusion.

Then in June, Senior U.S. District Judge Justin Quackenbush dismissed the case, finding that it was unfair the U.S. government offered immunity to two doctors accused of being involved in the conspiracy, but not to Dr. Mark Kabins, whose testimony was expected to contradict government witnesses.

Gregory Brower, the U.S. attorney for Nevada, said in June that he was considering an appeal. A decision to proceed required approval from Justice Department officials in Washington, D.C.

"Obviously, there was enough evidence for the federal grand jury to believe that Mr. Gage should be indicted," Brower said in June. "We believed there was enough evidence to convict Mr. Gage of the charges against him. We believe that the evidence was overwhelming, and we were confident that if given the chance to try the case again, we would prevail."

Gage, who viewed the judge's decision to dismiss charges as an acquittal because it bars prosecutors from refiling the case, was not intimidated by the prospect of an appeal.

"Bring it on," he said in June.

Contact reporter Antonio Planas at aplanas@reviewjournal.com or 702-383-4638.