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United States v. Sargasyan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 19, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ARA SARGASYAN, DEFENDANT.
UNITED STATES OF AMERICA, PLAINTIFF,
v.
EDUARD GHAZARYAN, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

UNITED STATES' MOTION TO DISMISS INDICTMENT; PROPOSED ORDER

The United States, by and through its undersigned attorneys, hereby moves to dismiss with prejudice the two above-captioned matters, United States v. Sargasyan and United States v. Ghazaryan. The matters had been related before this Court. The two cases were indicted on October 5, 2005, alleging criminal conduct occurring in 2002. At the time of indictment, the United States had a readily provable case. However, with the lengthy passage of time, elderly witnesses have died and the proof of the alleged health care fraud has deteriorated to such an extent that it would not be in the interest of justice to continue the prosecutions.

The United States has had discussions with counsel for Mr. Sargasyan throughout the pendency of this case, and the case had been transferred to another assistant U.S. attorney so that the matter could be resolved more expeditiously. Unfortunately, a speedy resolution did not occur. The undersigned has reviewed the matter again, has spoken with defense counsel regarding defenses and proof, and weighed the current circumstances of the case. Following that evaluation, the United States determined that it would be in the interests of justice to dismiss the charge of Health Care Fraud against Mr. Sargasyan in case number 2:05-cr-00411 MCE.

Defendant Ghazaryan has never appeared before this Court and his warrant is still outstanding. For consistency and because the testimonial evidence against Mr. Ghazaryan is similarly unavailable, the United States determines that it would be in the interests of justice to dismiss the charge of Health Care Fraud against Mr. Ghazaryan in case number 2:05-cr-00412 MCE, and request that the arrest warrant be withdrawn.

For the reasons set forth above, the United States suggests that good cause has been shown to necessitate the dismissal of both cases.

DATED: May 13, 2009

LAWRENCE G. BROWN Acting United States Attorney

ELLEN V. ENDRIZZI Assistant U.S. Attorney

ORDER

Good cause having been shown, the United States' Motion to Dismiss Indictment in related cases United States v. Sargasyan, 2:05-cr-00411 MCE, and United States v. Ghazaryan, 2:05-cr-00412 MCE, is GRANTED. The dismissals are with prejudice.

Further, the arrest warrant against Eduard Ghazaryan is to be withdrawn.

IT IS SO ORDERED.

20090519

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