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U.S. Magistrate Judge Michael S. Nachmanoff has recommended her lawsuit be dismissed. A federal grand jury, meanwhile, has indicted Brown on charges of filing fraudulent claims with the Summer Food Service Program in 2012. A trial is set for June 12, which is primary election day for congressional candidates in Virginia. The indictment says that Brown directed her company’s staff to inflate the number of children actually fed and to falsify documents in order to obtain additional money, according to the U.S. Attorney’s Office. She has been charged with wire fraud and theft of government property, and faces a maximum penalty of 20 years in prison if convicted. She has denied the charges.

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