United States Ninth Circuit

Dismissal of criminal indictments against three individual defendants charging counts of criminal securities violations, based on the government's deceitful conduct, is vacated and remanded where there was no deceit because the government fully disclosed the possibility that information received in the course of a civil investigation could be used for criminal proceedings. An order excluding evidence received from a conflicted attorney is also reversed where the government advised the attorney of the existence of a potential conflict and did not interfere with the attorney-client relationship. (Amended opinion)

Appellate Information

• Decided 07/31/2008
• Published 07/31/2008

Judges

• Before:  MARY M. SCHROEDER, BARRY G. SILVERMAN and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Karin J. Immergut, United States Attorney;  Hannah Horsley, Assistant United States Attorney;  and Kelly A. Zusman, Assistant United States Attorney, Portland, OR, for plaintiff-appellant United States of America.


• For Appellees:
  
• Janet Lee Hoffman, Hoffman Angeli LLP, Portland, OR, for defendant-appellee J. Kenneth Stringer, III., Ronald H. Hoevet, Hoevet, Boise & Olson, P.C., Portland, OR, for defendant-appellee Mark Samper., John S. Ransom and Kendra Matthews, Ransom Blackman LLP, Portland, OR, for defendant-appellee William Martin.