November trial set for attorneys in fen-phen case

FRANKFORT, Ky. (AP) - Two lawyers face a November retrial on charges they defrauded clients out of millions from a settlement over the diet drug fen-phen.

U.S. Magistrate Judge Gregory Wehrman on Thursday set a Nov. 17 trial date in U.S. District Court in Frankfort for William Gallion and Shirley Cunningham Jr. on charges of conspiracy to commit wire fraud and wire fraud. Gallion was released Thursday from the Boone County Jail after posting $2.5 million bond. Cunningham was released in August on $1.25 million bond.

A federal jury could not reach a verdict in July after a six-week trial. A third attorney was acquitted.

Prosecutors say the men withheld more than $200 million in settlement money from drug's manufacturer. Gallion and Cunningham were the original owners of 2007 Horse of the Year Curlin and retain a partial share in the racehorse.

(Copyright 2008 by The Associated Press. All Rights Reserved.)