Three lawyers who got securities fraud charges against them dropped during a 2006 trial failed for the second time to get attorneys fees and costs under the Hyde Amendment.

The Ninth Circuit U.S. Court of Appeals today rejected claims by attorneys Daniel Chapman, Sean Flanagan and Herbert Jacobi, who argued a new internal IRS memo pertaining to their case showed the government had committed fraud on the court, therefore making them the “prevailing party” under the Hyde Amendment because the dismissal was a “judgment on the merits.” The Hyde Amendment allows defendants in certain circumstances to recover fees from the government when they prove prosecutorial misconduct.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]