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Brendan McCarthy / Eyewitness News
Email: bmccarthy@wwltv.com | Twitter: @bmccarthyWWL

A federal judge Thursday denied a River Birch landfill executive's request to throw out the criminal case against him.

An attorney for River Birch CFO Dominick Fazzio argued in court Wednesday that his client's indictment should be tossed because of prosecutorial misconduct, namely an alleged secret deal between the government and Fazzio's brother-in-law.

Today, U.S. District Court Judge Ginger Berrigan denied the request,

'Even if the defendant's allegations of prosecutorial misconduct are true, the effect has been only to weaken the case against the defendant, not strengthen it,' Berrigan wrote in a ruling.

This comes about a month before Fazzio is set to go to trial over an alleged fraud scheme tied to a larger River Birch criminal investigation.

Fazzio's attorney claimed the case should be dismissed because of 'deliberate and flagrant misconduct,' court fillings show.

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