Monday, August 29, 2011

Eleventh Circuit -- USA v. Ali Shaygan

District Court abused discretion when it imposed sanctions against US for an objectively reasonable prosecution .  

Assignment of costs and fees to US under Hyde Act was error, as there was no conscious wrongdoing.

Due Process error in not warning proscs that they were facting a public reprimand.

No reassignment at this point.

Dissent/special concurrence - bad faith provision in Hyde Act allows broader application than conscious wrongdoing.

USA v. Ali Shaygan

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.