A vindicated defendant can be awarded attorney fees under the Equal Access to Justice Act where the company that had promised to indemnify him is insolvent, a federal judge has ruled.

Southern District of New York Judge Thomas Griesa said that Steven Angel, cleared of wrongdoing in the filing of a false small business disclosure form on behalf of a boxing promotional company in a Securities and Exchange Commission proceeding in New York, will receive attorney fees from the U.S. government even though the act does not allow for the award of fees to people who are indemnified.