Attorneys in the "Cream Scheme" at Chattanooga Federal Court will now file legal briefs and then return Feb. 4 for final arguments before Judge Sandy Mattice.
Judge Mattice is hearing the lengthy criminal case without a jury.
Standing trial on healthcare fraud charges are Wayne Wilkerson, Michael Chatfield, Kasey Nicholson, Billy Hindmon and Jayson Montgomery. They are all free on bond.
There is a 187-count indictment with the initial count conspiracy to commit healthcare fraud.
Judge Mattice said it would have been easier to only consider the conspiracy charge, but he said he would plow through the multiple counts and render separate verdicts on each.
Prosecutor Perry Piper said, "We believe the substantive counts are valid."
The judge has denied all motions for acquittal.
In court on Tuesday, Judge Mattice ruled that several individuals were un-indicted co-conspirators.
One of those was Adam Staten, the government's opening witness. In one email, Staten spoke of "Peeps I have signed up" for orders of cream that were billed to insurance companies for as much as $15,000 a jar.
He said, "I have three more ready to roll."
Prosecutor Piper said Staten made $100,000 in the scheme, which included a physician on the group's payroll who wrote multiple cream prescriptions and a pharmacist, also being paid, who filled large numbers of orders.
The judge also ruled that Kirtis Green was an un-indicted co-conspirator. His name appeared in a number of documents in the case discussing the money-making endeavor.
Attorneys said that Donna Montgomery, mother of Jayson Montgomery, generated sales up to $250,000 by signing up co-workers and her supervisor to agree to take the creams.
It was stated that Ms. Montgomery was given "transactional (total) immunity" and she appeared before the Grand Jury at the start of the case. Jayson Montgomery earlier this year, after learning of her testimony, sent her a text critical of the version she gave the panel.
Judge Mattice said Rich and Kim Terry, who generated a large payoff after signing up a number of family members for cream orders, were also un-indicted co-conspirators.