Philip Esformes, whose prison sentence Trump commuted, loses appeal and faces retrial on health-care fraud charges

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Philip Esformes, whose prison sentence Trump commuted, loses appeal and faces retrial on health-care fraud charges
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Philip Esformes, whose prison sentence Trump commuted, loses appeal and faces retrial on federal healt-care

"Rather, the Court held that – as an appellate court – it lacked the necessary jurisdiction to decide the clemency argument at this point in time, expressly stating that it was not reaching the merits of the argument," Watterson said.

In its ruling, the appeals court panel noted that prosecutors "not only reviewed privileged documentsAnd the panel also said that a lower-court judge had found the prosecutors engaged in misconduct, as well as a "bad-faith" effort to obfuscate that conduct. "So dismissal of the indictment or disqualification of the prosecution team would have been improper," the panel ruled.

With the proceeds of that scheme, Esformes bought a $1.6 million Ferrari Apera automobile, a $360,000 Greubel Forsey watch, and also paid for female escorts, the indictment said.

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