United States District Court, S.D. West Virginia, Charleston
MEMORANDUM OPINION AND ORDER
A. Faber Senior United States District Judge.
matter is before the court on two motions in limine, one
filed by defendant and the other filed by the United States.
See ECF Nos. 238 and 247. Those motions are ripe for
Muhammed Samer Nasher-Alneam, M.D. (“Dr. Nasher) is a
medical doctor licensed to practice medicine in the State of
West Virginia. See ECF No. 223 at ¶ 1 (Third
Superseding Indictment). From on or about July 2013 through
February 2015, Dr. Nasher owned and operated a medical
practice called "Neurology & Pain Center,
PLLC," which, during that time, was located at 401
Division Street, Suite 202 in South Charleston, Kanawha
County, West Virginia. Id. at ¶¶ 2-3. From
about March 2015 through about February 2018, the
defendant's medical practice was located at 4501
MacCorkle Avenue SE, Suite A, in Charleston, Kanawha County,
West Virginia. See id. at ¶ 3. The defendant
leased the office spaces described above and was the only
practicing physician at Neurology & Pain Center, PLLC.
See id. During the relevant time period, Dr. Nasher
had an active Drug Enforcement Administration (DEA)
registration number that allowed him to prescribe controlled
substances, including Schedule II, III, IV, and V controlled
substances. See id. at ¶ 8.
26, 2018, the grand jury returned a 15-count indictment
against Dr. Nasher arising out of his activities in
connection with Neurology & Pain Center, PLLC.
See ECF No. 1. A second superseding indictment was
returned on November 21, 2018, charging defendant with
illegal drug distributions, in violation of 21 U.S.C. §
841(a)(1); illegal drug distributions resulting in death, in
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C);
maintaining a drug-involved premises, in violation of 21
U.S.C. § 856(a)(1); and international money laundering,
in violation of 18 U.S.C. § 1956(a)(2)(B)(ii).
on the second superseding indictment began on April 16, 2019.
A mistrial was declared on May 7, 2019.
the declaration of a mistrial, on June 12, 2019, Dr. Nasher
was charged in a forty-seven count third superseding
indictment charging him with various offenses related to
operation of his medical practice. Specifically, defendant
was charged with the following:
1) health care fraud, in violation of 18 U.S.C. § 1347
and § 2 (Counts One through Eleven and Fifteen through
2) health care fraud resulting in death, in violation of 18
U.S.C. § 1347 and § 2 (Counts Twelve through
3) illegal drug distributions, in violation of 21 U.S.C.
§ 841(a)(1) (Counts Twenty-five through Thirty-eight);
4) illegal drug distributions resulting in death, in
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C) (Counts
Thirty-nine through Forty-one);
5) maintaining a drug-involved premises, in violation of 21
U.S.C. § 856(a)(1) (Counts Forty-two and Forty-three);
6) international money laundering, in violation of 18 U.S.C.
§ 1956(a)(2)(B)(ii) (Counts Forty-four through
See ECF No. 223. The court granted defendant's
motion for judgment of acquittal as to the money laundering
counts and the corresponding counts in the third superseding
indictment were dismissed. See ECF No. 231.
has been and continues to be considerable disagreement
between the parties as to the evidence that is admissible in
this case. That disagreement is highlighted in several
motions currently pending before the court: 1)
defendant's motion in limine to preclude the government
from offering evidence of his overall practice; and 2) the
government's motion in limine to prohibit defendant from
offering evidence of his noncriminal conduct. (ECF Nos. 238
and 247). The government has stated that its decision to seek
a third superseding indictment arose out of adverse
evidentiary rulings in the prior trial that are addressed in
these motions in limine. See ECF Nos. 248 and 215-2.