U.S. v. Muoghalu

In prosecution on charges stemming from defendant-hospital administrator's solicitation of kickbacks from drug manufacturer for purpose of ensuring hospital's continued use of manufacturer's drug, Dist. Ct. did not err in rejecting defendant's claim that prosecutor violated Brady by withholding evidence of HHS investigation of suspected misconduct by drug manufacturer that led to death of patients using said drug. Defendant's counsel was aware of said investigation and could have requested results of investigation. Moreover, said evidence would not have been helpful to defendant's defense to extent that jury could have believed that defendant played some role in sustaining risk of death to said patients by ensuring that hospital use said drug.