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Stop the presses -- Snitch's misconduct not disclosed to defense

John Pacenti has the story here about the latest transgression -- this time in a health care fraud prosecution. Orlando do Campo and Joaquin Mendez have filed a lengthy motion arguing their client deserves a new trial. Here's the intro from the DBR article:

In the Justice Department?s stout-hearted fight against health care fraud in the heart of Hialeah, Orlando Pascual Jr. was the perfect snitch.
He was an insider who ran a durable medical goods scam called Med-Source Medical Equipment, and Washington prosecutors used him in at least three trials, court documents show.
Among the five known defendants Pascual helped put behind bars was Dr. Ana Caos, a general practitioner for nearly two decades who was accused of writing fake aerosol prescriptions for the treatment of chronic obstructive pulmonary disease. The 62-year-old is serving five years in the Coleman Federal Correctional Complex near Orlando.
But Caos? Miami attorneys are trying to overturn her April conviction, saying in court documents that Pascual neglected to mention he ran yet another Medicare fraud with his brother-in-law at an HIV-infusion clinic called Medcore Group, billing the government for $5.5 million in fraudulent services.
Miami criminal defense lawyers Orlando do Campo of do Campo & Thornton and Joaquin Mendez, a solo practitioner, are incredulous that prosecutors informed the defense about Pascual?s second fraud after Caos? trial, which means the jury didn?t hear the full extent of the government witness? criminal exploits.
The lawyers said in a Jan. 15 motion for new trial that there is substantial reason to believe from documents filed in the new case that government agents with the FBI and the Department of Health and Human Services? Office of Inspector General knew about Medcore in 2006 ? two years before Caos? trial.
Caos? attorneys were informed of the latest charges against Pascual in a June 25 letter, two months after their client?s conviction and a month before her sentencing. The letter said investigators didn?t link Pasqual to the HIV-infusion clinic because his last name was misspelled "Pasquale." (That's my favorite part)
"It is undisputed that Dr. Caos? trial was severely tainted by Mr. Pascual?s perjury," Caos? 26-page motion reads. "There is overwhelming evidence to suggest that the government knew or should have known that Mr. Pascual lied on the witness stand."

Full post as published by Southern District of Florida on February 02, 2009 (boomark / email).