05/06/2025 | Press release | Distributed by Public on 05/06/2025 08:07
Partner Brian McEvoy led a team that included Partners William Ezzell and Jennifer Solari, Counsel Kristin Shapiro and Associates Cornelia Brandfield-Harvey, Elizabeth Hicks, Phillip Kim and Ryan Mayo, notching a victory for William Moore, the former chief executive of Atlanta Medical Center, in an alleged $400 million Medicaid fraud and kickbacks case that stretched out for eight years. Citing motions made by our lawyers, Georgia's U.S. District Judge Amy Totenberg permanently tossed the Department of Justice charges on April 24, 2025, citing the Speedy Trial Act and the Sixth Amendment and stating that witnesses have since died, evidence has been lost or misplaced, and memories of the case details have faded. The judge also alluded to the personal distress endured by the defendants while living under indictment for eight years.
As quoted in Law360, McEvoy said, "We are happy and relieved with this result. Mr. Moore has maintained his innocence throughout this challenging prosecution in which the Government pursued an aggressive yet flawed theory of criminal liability under the federal Antikickback Statute."
This case earned an Am Law Litigation Daily Litigator of the Week Runner Up mention.
At this time, the government has not decided whether to seek an appeal.
Read the Atlanta Journal Constitution article. (subscription required)
Read the Becker's Hospital Review article. (subscription required)
Read the Law360 article. (subscription required)