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Jul. 15, 2008
Copyright © Las Vegas Review-Journal

Prosecutors to appeal Gage case

By ANTONIO PLANAS
REVIEW-JOURNAL

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.

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    • 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.

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    UNBELIEVABLE wrote on August 07, 2008 03:58 PM: DOJ do whatever you must to get out of this jurisdiction. We are all screaming. That sick feeling you all have now, we have been there. Lay off the ROLAIDS...it's not you, it's them! Give another look and listen to the victims' stories...most settle because they can't find help or anything remotely resembling justice. Doesn't mean foul play didn't occur. The games that are played...

    You will do just fine in the 9th Circuit. We don't believe they have BLINDERS on up there. Ahhhh...the life and times of JUST US.


    PW wrote on July 31, 2008 05:48 AM: Health care is certianly of utmost importance. I know,I don't have any.
    But thank goodness that there is the US Attorney who can try and make sure that justice is done. They do have the resources, knowledge, and manpower that we as consumers don't. I certainly rest much better knowing that a higher agency is there to protect our rights when lower state Courts or corrupt attorneys fail to do so; as it appears to be the main grounds for the case against Gage.
    Was the Grand Jury wrong as well?


    Raeann Todd wrote on July 18, 2008 03:14 PM: OH Puh-leeeeze !!!

    Doesn't the Government have other things to waste it's money and time on? Like healthcare --- and improving the state of our economy??


    quackiscorrect wrote on July 15, 2008 08:47 AM: 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.