S.D.Fla.: $601k Hyde Amendment sanction against government

04/10/09

Permalink 05:57:27 am, by forhall, 383 words, 2108 views   English (US)
Categories: blog

S.D.Fla.: $601k Hyde Amendment sanction against government

Back in March, I had this post about the government listening to lawyer telephone calls trying to trap the lawyer, to no avail. Yesterday, a federal judge in Miami issued a Hyde Amendment order sanctioning the government $601,000 in the case. See Feds Ordered to Pay More Than $600K in Legal Fees for Misconduct in Fla. Drug Case. The Miami Herald article is here:

Accusing federal prosecutors of knowingly and repeatedly violating ethical guidelines in a high-profile narcotics trial, a Miami federal judge Thursday reprimanded multiple assistant U.S. attorneys who took part in the case -- and fined the federal government more than $600,000.

U.S. District Judge Alan Gold's harshly critical 50-page order takes the federal government to task for acting deceptively and ''in bad faith'' in the case of Miami Beach doctor Ali Shaygan, who was acquitted last month of 141 counts of illegally prescribing painkillers.

.

The Miami Herald has the judge's order online here.

Therefore, I write in detail to make clear what happened here because it is necessary to get to the bottom of what went wrong. I do so in hope that it will not happen again. Our system of criminal justice cannot long survive unless prosecutors strictly adhere to their ethical obligations; avoid even the appearance of partiality, and directly obey discovery obligations and court orders. Of fundamental importance, the United States may not callously invade the sanctity of a defendant’s Sixth Amendment right to counsel, in an “ongoing prosecution,” by engaging in collateral witness tampering proceedings involving the defense lawyers and investigators without strictly complying with all constitutional and related guarantees.

Initially, it is the responsibility of the United States Attorney and his senior staff to create a culture where “win-at-any-cost” prosecution is not permitted. Indeed, such a culture must be mandated from the highest levels of the United States Department of Justice and the United States Attorney General. It is equally important that the courts of the United States must let it be known that, when substantial abuses occur, sanctions will be imposed to make the risk of non-compliance too costly.

United States v. Syagan, 1:08-cr-20112-ASG (S.D. Fla. April 9, 2009), at 5-6.

Wait until we see the Hyde Amendment request in the Stevens case. I estimate $2.5M. What is a dozen people from Williams & Connally worth?

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