United States Second Circuit

The indictment of a non-cooperating target of a grand jury investigation, where the government has solid evidence of guilt, is not "vexatious, frivolous, or in bad faith" within the meaning of a Hyde Amendment motion for attorney's fees.

Appellate Information

• Decided 01/14/2005
• Published 01/18/2005

Judges

• KATZMANN, Circuit Judge., Before:  LEVAL and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Paula Schwartz Frome, Esq. (Kase & Druker, Esqs., on the brief), Garden City, NY, for Defendant-Appellant., Demetri M. Jones, Esq. (Jo Ann M. Navicaks, Esq., on the brief), United States Attorney's Office, Central Islip, NY, for Appellee.