The Justice Department is set to retry Philip Esformes, a Florida nursing home owner who had his 20-year prison sentence commuted by former President Donald Trump in September 2019, on six healthcare fraud criminal charges, CNBC reported Aug. 12.
Jurors at the 2016 trial were deadlocked on six charges, even as they convicted Mr. Esformes of 20 other crimes, including paying and receiving kickbacks, money laundering and bribery, according to CNBC. There is no federal statute prohibiting prosecutors from retrying defendants on hung counts, but there is also no guidance on the present situation as it appears to be the first time it has occurred.
Defense attorneys sent the "highly unusual" move to an appeals court, claiming it was motivated by anger at Mr. Trump.
The Justice Department did not respond to CNBC's request for comment.