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In his Wednesday order, U.S. District Judge William Haynes said his decision to overrule a jury was based on the government's failure to prove the men were part of a single, overarching conspiracy.
Haynes also faulted the government for failing to turn over thousands of pages of documents to the defendants before the start of trial in April.
Originally, 30 people were indicted in the case that spanned Ohio, Minnesota and Tennessee, but only nine of them stood trial.
The jury acquitted six but convicted Idris Ibrahim Fahra, Andrew Kayachith and Yassin Abdirahman Yusuf. Haynes acquitted those three Wednesday.
Thursday, December 20 2012, 02:09 AM CST
Tennessee News
Pharmacist admits misbranding dialysis drugs
May 21, 2013 21:08 GMT
WICHITA, Kan. (AP) -- A Tennessee pharmacist has admitted distributing a misbranded Chinese-made drug that was given to kidney dialysis patients in Kansas.
The U.S. Attorney's office says 53-year-old Robert Harshbarger Jr., of Kingsport, Tenn., pleaded guilty Tuesday in Topeka to one count each of distributing a misbranded drug and health care fraud.
Harshbarger admitted that from 2004 to 2009, he substituted a cheaper Chinese import for an iron sucrose drug approved by the U.S. Food and Drug Administration.
The drugs were given to patients of Kansas Dialysis Services. Prosecutors say there were no reports of harm, but patients were put at risk because the FDA could not assure the drugs' effectiveness and safety.
Harshbarger's plea deal calls for four years in prison, restitution of nearly $849,000 and a forfeiture of $425,000.
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