United States Fourth Circuit

At defendant's trial for making materially false statements to the FDA, the district court erred in determining that prior statements of a key government witness were consistent; case remanded for determination of whether defendant can lay foundation to demonstrate that prior inconsistent statements are attributable to witness.

Appellate Information

• Argued 12/06/2001
• Decided 04/18/2002
• Published 04/18/2002

Judges

• Before WILKINS and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph Sedwick Sollers, III, King & Spalding, Washington, D.C., for Appellant.  Bryan Edwin Foreman, Assistant United States Attorney, Greenbelt, Maryland;  Steven Neil Gersten, Trial Attorney, Office of Consumer Litigation, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Eugene M. Pfeifer, Jeffrey S. Bucholtz, King & Spalding, Washington, D.C., for Appellant.  Stephen M. Schenning, United States Attorney, Greenbelt, Maryland, for Appellee.