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Magistrate Judge Recommends Not Dropping Charges Against Eric C. Conn

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LEXINGTON, Ky. (LEX 18) - A judge has recommended denying a motion to dismiss all charges by embattled former social security attorney Eric C. Conn.

Conn filed a motion in March seeking to have the original criminal indictment against him dismissed.

That indictment charged him with 18 counts — including conspiracy, mail fraud, wire fraud, destruction of records and other charges — related to a scheme to defraud Social Security by obtaining disability benefits for his clients with falsified medical evidence.

Conn pleaded guilty last year to theft and bribery in exchange for the government dropping those charges. He went on the run and was discovered several months later.

Conn was sentenced in his absence to the maximum of 12 years, and prosecutors announced their intention to continue prosecution of the original 18 charges because they said he violated his plea agreement by fleeing.

The judge rejected Conn's motion stating, "Conn’s inarguable, fundamental breaches of that plea agreement freed the Government from its corresponding prospective obligations, including the promise to dismiss indicted charges in this case."

He also added that there "has never been any real dispute" on whether or not Conn breached the contract.

The district judge will have the final say in the case. Conn and prosecutors now have until May 18th to file any objections to the recommendation, before U.S. District Judge Danny Reeves issues a final order.

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