United States Ninth Circuit

In proceedings arising from a low income home construction project on tribal land, in which plaintiff was indicted on conspiracy and wire fraud charges but was acquitted after the trial court suppressed incriminating evidence, a grant of attorney's fees to defendant under the Hyde Amendment is reversed where: 1) an intent to harass cannot be inferred in circumstances where the government fairly characterized defendant's statement in the light most favorable to the government and reasonably felt that both a letter and a statement would be admissible; 2) the decision to prosecute was not vexatious; and 3) a finding that the government did not understand its case with respect to defendant, whether right or wrong, was not a basis for an award of fees under the Amendment.

Appellate Information

• Argued 10/16/2007
• Decided 11/06/2007
• Published 11/06/2007

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before:  B. FLETCHER, ARLEN C. BEAM, and PAMELA ANN RYMER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Eric B. Wolff, Assistant United States Attorney, Billings, MT, for the plaintiff-appellant.


• For Appellees:
  
• Patrick F. Flaherty, Attorney at Law, Great Falls, MT, for the defendant-appellee.