The court of appeals affirmed a judgment of the district court. The court held that an internal government memorandum written following dismissal of an indictment due to prosecutorial misconduct did not provide a basis to reopen and hold that the dismissal warranted an award of attorneys’ fees and costs under the Hyde Amendment.
Daniel Chapman, Sean Flanagan, and Herbert Jacobi were indicted for securities and investment fraud. The district court dismissed the indictment with prejudice as a sanction for the government’s failure to meet its disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972). The district court, however, refused to award the defendants their attorneys’ fees and costs under the Hyde Amendment.
