New opinion on the collateral estoppel use of a prior criminal proceeding on a subsequent civil suit [updated]

U.S. ex rel. Doe v. Heart Solution — civil — partial affirmance — Roth

UPDATE: the court vacated this opinion and issued a new one on May 3.

To what extent do admissions made during a criminal conviction for fraud dictate the result of a subsequent civil suit based on the same fraud? For the individual who pled guilty, the Third Circuit held today, the district court was correct to grant summary judgment against her by treating her plea colloquy as admissions of all the elements of civil liability. But for the company that she owned, which was not party to the prior criminal case, the Third Circuit held that the district court erred in granting summary judgment using the same collateral estoppel theory. “[T]he District Court failed to dissect the issues that were determined in the criminal case from those that were not.”

Joining Roth were Jordan and Stearns D.Mass. by designation. Arguing counsel were Mark Cedrone of Cedrone & Mancano for the woman and the company and Charles Graybow of the N.J. U.S. Attorney’s office for the government.