ETHICS & ATTORNEY'S FEES CASES

• US v. Sherburne

U.S. 9th Circuit Court of Appeals, November 06, 2007
US v. Sherburne, No. 06-30534
In proceedings arising from a low income home construction project on tribal land, in which plaintiff was indicted on conspiracy and wire fraud charges but was acquitted after the trial court suppressed incriminating evidence, a grant of attorney's fees to defendant under the Hyde Amendment is reversed where: 1) an intent to harass cannot be inferred in circumstances where the government fairly characterized defendant's statement in the light most favorable to the government and reasonably felt that both a letter and a statement would be admissible; 2) the decision to prosecute was not vexatious; and 3) a finding that the government did not understand its case with respect to defendant, whether right or wrong, was not a basis for an award of fees under the Amendment. Read more...