Legal News

Federal Prosecutors Find Hot Seat Again, This Time in Miami

By Ashby Jones

Regardless of your politics, you’ve gotta feel a little bit of sympathy for AG Eric Holder. The guy takes office and almost immediately has to make a big mea culpa for the DOJ in the Ted Stevens case. And now comes a situation in Miami involving alleged prosecutorial misconduct that, in some ways, appears even more egregious.

Let’s get you caught up: Miami federal district court judge Alan Gold (pictured) on Thursday lambasted Miami federal prosecutors for allegedly knowingly and repeatedly violating ethical guidelines in a high-profile narcotics trial — and fined the federal government more than $600,000. Click here for his 50-page order; here for a story from the Miami Herald.

The case involved Miami Beach doctor Ali Shaygan, who was acquitted last month of 141 counts (141 counts?!) of illegally prescribing painkillers. While prosecuting Shaygan, the U.S. attorney’s office began a secret, undisclosed side investigation of Shaygan’s legal team, ostensibly because the office suspected witness tampering on the part of the defense. But no evidence surfaced that the defense team was manipulating witnesses. To the contrary, defense attorneys repeatedly rejected bribery invitations floated on tape from government informants.

Prosecutors later called the same informants to the stand as key witnesses in their case against Shaygan, while saying nothing of the recordings. The government falsely introduced those informants — former patients of the doctor — as impartial, neutral witnesses.

The U.S. attorney’s office, Gold wrote, ‘exhibited a pattern of `win-at-all-cost’ behavior in the conduct of this investigation that was contrary to their ethical obligations as prosecutors and a breach of their ‘heavy obligation to the accused.’ ”

Miami U.S. Attorney R. Alexander Acosta, an appointee of former President George W. Bush, issued a statement through a spokeswoman that acknowledged ”mistakes” were made.

The $601,795 fine will be paid to Shaygan as reimbursement for much of his legal fees and costs. Gold formally reprimanded prosecutors Sean Cronin, Karen Gilbert and Andrea Hoffman and said he would send a copy of the order to the Florida Bar for its review.

For a little commentary on the case from Ellen Podgor at the White Collar Crime Prof Blog, click here.

Full post as published by Law Blog - WSJ.com on April 10, 2009 (boomark / email).