United States Third Circuit

Denial of defendant's request for attorney's fees and litigation expenses from the government under the Hyde Amendment, following the dismissal of bribery charges against him, is affirmed where: 1) the government's continued prosecution was neither vexatious or frivolous; 2) evidence proffered by defendant does not conclusively prove that the allegations were false; 3) it was not objectively unreasonable for the government to attempt to prosecute him under the Hobbs Act and the Travel Act, and thus, the district court did not abuse its discretion by rejecting defendant's conflict of interest argument; and 4) defendant's remaining bad faith allegations fail.

Appellate Information

• Decided 03/25/2013
• Published 03/25/2013

Judges

• JORDAN

Court

• United States Third Circuit

Counsel