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The case, U.S. ex rel. Bell et al. v. Biotronik, Inc. et al., case no. 18-cv-01391, was brought by two former Biotronik employees and whistleblowers who are clients of Cutter Law PC.

Cutter had accused the SEC of trying to ambush his defense by adding five surprise witnesses and “entirely new theories of liability” just weeks before the April 14 trial date.

President Donald Trump nominated Paul S. Atkins to head the SEC and he was quietly confirmed April 9. Cutter’s case originated from the desk of Atkins’ predecessor, Gary Gensler, Campbell noted.