Federal Judge Dismisses Most Counts for Memphis OBGYN

A Federal Judge Reined in an Overbroad Indictment Against Dr. Kumar.

By Ronald W. Chapman II
Date: October 17, 2025

Short version: A federal judge dismissed the most inflammatory counts in the government’s case against my client, Dr. Sanjeev Kumar—including the much‑publicized travel act charges—and threw out a stack of over‑aggregated FDA counts. What remains are a set of specific FDA counts tied to devices seized on a single day and a group of health‑care fraud counts that we will continue to fight.

In February 2025 one of the last actions of United States Attorney Reagan Foundren was to unleash a flurry of charges against a well respected Memphis doctor that have now mostly been dismissed by a Memphis Federal Judge.

READ THE RULING

In a statement released by her office she said:

“Between 2019 and 2024, Kumar abused women by conducting medically unnecessary gynecologic procedures with medical devices that he held under insanitary conditions and reused on patients when they were required to be disposed of or properly reprocessed.”

The problem with her theory is that it was largely legally insufficient.

The Ruling in Plain English

Prosecutors charged Dr. Kumar under a federal “Travel Act” theory that accused him of enticing patients to travel for “illegal sexual activity.” The Court held that “sexual activity” in this context means conduct done for sexual gratification—and the indictment didn’t even allege that. In the Court’s words, prosecutors cannot “stretch the law to fit the evil.”

Result:

Counts 1–4 dismissed.

The government failed to specifically allege a date. The Court said that’s not allowed. On multiple FDA counts, prosecutors tried to roll thousands of patient procedures—into single counts. That’s called duplicity, and it risks a non‑unanimous verdict because different jurors might convict for different underlying acts.

Result: Counts 5–9, 12–13, 16–18, 21–22, and 25 dismissed as duplicitous.

What still remains (and why).

The Court allowed narrow, single‑event FDA counts to proceed—Counts 10–11, 14–15, 19–20, 23–24, and 26—each tied to a specific device recovered on April 16, 2024.

The Court also let the health‑care fraud counts (27–36) move forward.

The Court rejected a vagueness challenge to the FDA phrase “held for sale” (explaining that using a consumable device in a paid medical service can meet that element), and declined to strike the government’s felony‑intent enhancement at this stage.

We’ll address those counts the old‑fashioned way: by contesting the facts and the law.

Bottom line: The Court agreed that prosecutors pushed the law too far on the most sensational charges and on the “mega‑count” FDA theories. What survives are discrete, testable allegations—not headline fodder. Kumar Order Granting

About that pre‑trial publicity

From day one, the government’s press messaging put the focus on lurid allegations. In its February 28, 2025 press release, the DOJ announced salacious charges; later, DOJ retracted the comments and quotations it originally published on that page—without the splashy do‑over that accompanied the first round of publicity. Department of Justice

The FBI simultaneously published a “Seeking Victim Information” page—an investigative tool, yes, but also a public signal that can amplify fear and encourage pile‑on litigation. Federal Bureau of Investigation

On March 10, 2025, Dr. Kumar’s defense team put it in writing: the case had been “sensationalized,” transforming alleged sterilization/billing disputes into a sex‑trafficking narrative designed to inflame a vulnerable patient population.

Three weeks later, national reporting confirmed that Acting U.S. Attorney Reagan Taylor Fondren was fired by the White House, an unusual move for a career DOJ lawyer. The timing is noteworthy; the reason was never officially tied to this case. Correlation isn’t causation—but the sequence can’t be ignored. AP News

Today’s ruling strips away the most incendiary narrative. The Court’s analysis is careful, methodical, and rooted in strict construction of criminal statutes—not in press releases.

What this means going forward

The case isn’t over. Several counts remain, and Dr. Kumar—as any citizen—is presumed innocent. We intend to litigate the remaining issues on the facts and the law. Kumar Order Granting

Press should follow the record, not the rhetoric. Going forward, coverage should reflect what the Court actually left in the case instead of repeating allegations the Court eliminated. Kumar Order Granting

Prosecutors should rethink megaphone tactics.

When public messaging outruns the law—and then the law pushes back—the damage to patient communities (and to juror pools) is real.

Key documents & timeline

• 2/28/2025 – DOJ announces charges; later retracts quoted statements on the press page. Department of Justice

• 3/10/2025 – Defense letter criticizing sensationalized publicity.

• 3/31/2025 – AP reports Fondren fired by the White House. AP News

• 10/17/2025 – Court dismisses Counts 1–9, 12–13, 16–18, 21–22, 25; narrows case to specific FDA events and health‑care fraud counts. Kumar Order Granting

Indictments should fit the facts; facts shouldn’t be reshaped to fit a headline. Today’s order restores that hierarchy.

Federal Defense Backed by Experience and Results

If you or your practice are facing federal scrutiny, you deserve counsel who understands both the courtroom and the culture of prosecution. Ronald W. Chapman II, founder of Chapman, Dowling & Mallek, has secured numerous federal acquittals across the country and routinely defends clients in the most complex healthcare and white-collar prosecutions.

Our team handles federal criminal defense, healthcare fraud, asset forfeiture, and compliance investigations nationwide. Every case receives the same disciplined preparation and strategic precision that define Ron’s record of success.