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 “sex travel” 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. Kumar Order Granting
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.
US Attorney Reagan Foundren prior to her resignation
In a statement released by her office she said:
“Between 2019 and 2024, Kumar sexually 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 and most are now dismissed.
What the Court just decided—in normal English
The “sex” counts are gone.
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. Kumar Order Granting
The government bundled thousands of acts into giant counts.
The Court said that’s not allowed.
On multiple FDA counts, prosecutors tried to roll months or years of alleged conduct—and 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. Kumar Order Granting
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 “sexual” allegations. In its February 28, 2025press release, the DOJ announced “illegal sexual activity” 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, I 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
Prorecutors 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.
Excerpt from my March 10 letter on pre‑trial publicity
“Transforming what is essentially a malpractice allegation into a sensationalized sex trafficking indictment… Instead of bringing concrete allegations in a factually accurate indictment, [the Acting U.S. Attorney] elected to use it as an instrument to inflame the passions of a vulnerable patient population.”
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 Law Firm, 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 investigationsnationwide. Every case receives the same disciplined preparation and strategic precision that define Ron’s record of success.
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