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SALT LAKE CITY — Federal prosecutors have appealed a judge's decision to dismiss a $100 million fraud case against businessman Claud "Rick" Koerber.
U.S. District Judge Clark Waddoups ruled that government prosecutors violated the Speedy Trial Act and engaged in a pattern of widespread misconduct in prosecuting Koerber, known for his radio show "The Free Capitalist."
The U.S. Attorney's Office for Utah accused him of running one of Utah's largest Ponzi schemes. It charged him in 2009 with mail fraud, wire fraud, fraud in the offer and sale of securities, sale of unregistered securities, money laundering and tax evasion.
Waddoups dismissed the case with prejudice, meaning prosecutors couldn't refile the charges but could appeal the ruling to the 10th Circuit Court of Appeals in Denver.
The government's first brief is due Dec. 5.
