Appeals Court Rejects Attorney's Effort Avoid Re-Trial on Fraud Indictment

NEW ORLEANS - A federal appeals court has held that a fraud case against a former silica attorney accused of giving kickbacks to two insurance company employees can be re-tried despite claims that prosecutors abandoned their case just before the case was declared a mistrial. United States of America v. Hoeffner, No. 09-20781 (5th Cir.).

The Fifth Circuit U.S. Court of Appeals on Nov. 18 affirmed a trial court decision that denied former silica plaintiffs' attorney Warren Todd Hoeffner's motion to dismiss the claims on double jeopardy grounds.

Hoeffner was indicted on wire and mail fraud charges after it was …