Viju Mathew wanted to make sure that his wife could take care of their mentally disabled adult son and 4-year-old daughter, his lawyers say, so he agreed to plead guilty to federal health care fraud charges.But seven months later, his wife, Mariamma Viju, also was indicted.
Mathew and his lawyers say that a federal prosecutor promised that wouldn’t happen. The prosecutor says he made no such promise. And the alleged agreement wasn’t in writing.So now, a federal judge has been asked to sort it out. The wife’s attorneys are trying to get her indictment dismissed.Mathew’s two lawyers, William McMurrey and Derek Staub, wrote “under penalty of perjury” that federal prosecutor Brian Portugal made the promise to them and confirmed it in front of their client.