A Lexington lawyer accused of cheating his clients out of millions of dollars in a diet drug settlement is asking a judge to dismiss new charges against him.



The Lexington Herald-Leader reports that an attorney for William Gallion, indicted last month by a federal grand jury on eight new charges of wire fraud related to the $200 million settlement, filed a motion Friday asking that the charges be thrown out, saying they constituted "vindictive prosecution."

Gallion and attorney Shirley Cunningham Jr. are scheduled to go on trial Nov. 17 in U.S. District Court in Frankfort for the second time on charges they took millions from former clients in the 2001 settlement with the maker of the fen-phen diet drug.

In their first trial in July, a federal jury could not reach a verdict.

Information from: Lexington Herald-Leader, http://www.kentucky.com

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