Saturday, May 19, 2007

Government Misconduct In a Parallel Proceeding Scenario

Although the setting is an immigration case, the language in the decision sends a strong message with respect to government conduct in parallel proceedings.  In the case of United States v. Carriles, (2007 WL 1433458 (WD Tex.) Judge Cardone of the Western District of Texas states, ". . . In addition to engaging in fraud, deceit, and trickery, this Court finds the Government's tactics in this case are so grossly shocking and so outrageous as to violate the universal sense of justice. As a result, this Court is left with no choice but to dismiss the indictment."

The accused had argued that "the Government ha[d] been assembling a criminal case against Defendant from as early as April 21, 2005, and that even though Defendant did not qualify for naturalization due to his prior convictions in Panama, the Government nonetheless granted him a naturalization interview for the sole purpose of gathering information for use in a criminal prosecution."  In the court's Order one finds an incredible discussion of the caselaw that supports dismissal of a matter when the government oversteps its bounds in a parallel matter.  As you might suspect, there is reference to the Scrushy case. This is clearly an important case for those litigating SEC and IRS cases.

(esp) (w/a hat tip to Stephanie Martz)


UPDATE: Below is the District Court's order and opinion, issued on May 8, 2007.

Download us_v_carriles_opinion_may_8_2007.pdf

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» CA1: What a government misconduct dismissal looks like from Appellate Law
While this case has hit the papers, it probably is worth taking a look at the District Court’s opinion, dismissing the indictment for outrageous government conduct, in United States v. Carriles, (2007 WL 1433458 (WD Tex. May 8, 2007) (Cardone, [Read More]

Tracked on May 19, 2007 10:27:21 PM


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