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60 Federal Judges and Prosecutors File Brief in Shaygan Prosecutorial Misconduct Case

Posted in Prosecutorial Misconduct, Uncategorized

As noted by the Wall Street Journal’s Law Blog, on Thursday more than 60 Federal judges and prosecutors filed a brief in the case of Dr. Ali Shaygan, the South Florida physician who was charged with 141 criminal counts and prevailed, as we have previously discussed here, here and here. The brief urges the the Eleventh Circuit Court of Appeals to reverse its decision from August of last year, in which reversed an award of attorneys’ fees by the U.S. District Court for the Southern District of Florida in favor of Shaygan, holding that evidence of “subjective ill-will” on the part of the prosecution was insufficient to justify an award of attorneys’ fees under the Hyde Amendment. The Court of Appeals’ holding came in spite of a concession by the prosecution that it failed to disclose to the defense that two witnesses were cooperating informants or the witness’ secret recordings of a defense attorney and investigator, that the prosecution failed to disclose all interview reports when ordered to do so, or that the U.S. Attorney’s Office failed to obtain proper authorization to investigate the defense team for alleged witness tampering.