Judge: Lawyers lack basis for appeal in drug case

LOUISVILLE, Ky. (AP) - A federal magistrate judge is recommending that an appeal by two former Kentucky attorneys convicted of scamming more than 400 clients out of $94.6 million from a $200 million settlement over the diet drug fen-phen be rejected.

U.S. Magistrate Judge J. Gregory Wehrman issued an opinion Monday saying 63-year-old William Gallion and 59-year-old Shirley Cunningham either waited too long to present arguments or presented nothing new in their motions for a new trial filed late last year.

Gallion and Cunningham, the original owners of 2007 and 2008 Horse of the Year Curlin, are in federal prison.

Fen-phen was pulled from the market in 1997. Prosecutors say the lawyers illegally kept the bulk of the settlement, but made more money available to clients after the start of a federal criminal investigation.

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