Tuesday, February 01, 2005

Second Circuit Interprets Hyde Amendment for First Time

United States v. Schneider, No. 03-1764 (January 14, 2005)

Background

Jeffrey Schneider was an accountant at a company that funded residential loans, and was implicated in a fraudulent scheme on the part of some of the company's principals to skim funds from escrow accounts. There were several years of contententious pretrial proceedings, some of the highlights of which included: (1) a failed proffer session at which defense counsel balked at some of the terms of the agreement, which led the prosecutor to tell Schneider that his attorney was "making a very big mistake;" and, (2) a decision by different prosecutors more than a year later not to pursue criminal charges, even though an indictment had been filed.

Schneider went to trial and was acquitted. He then moved in the district court for attorney's fees under the Hyde Amendment, which has been codified as a statutory note to 18 U.S.C. § 3006A. In the district court Schneider made two arguments. First, he claimed that the prosecution against him was "vexatious, frivolous, and in bad faith," and also argued that the Hyde Amendment authorized the court to review in camera certain government-prepared memoranda relating to its decisionmaking processes. The district court held that Schneider had not established any entitlement to attorney's fees and that, although in some circumstances a district court could order the government to produce privileged documents for inspection, Schneider had not made a showing that he was likely to prevail, and hence no such order was appropriate.

The Circuit's Decision

The Court of Appeals first considered whether the prosecution was vexatious, etc., concluding that the mere fact that Schneider was acquitted could not lead to a successful Hyde Amendment claim. The court noted that government trial witnesses had directly implicated Schneider in the charged fraud, and rejected the notion that Hyde Amendment liability could be grounded on a claim that the government's witnesses were not credible. The Court also reviewed the eventful pretrial history of the case and determined that what the defendant viewed as bad faith was nothing more than "hard-fought bargaining" on the part of the government. The Court did fault the government's conduct in some respects, noting that a prosecutor had made two "probably inappropriate" statements directly to Schneider during an aborted proffer session. However, that conduct, whether done in good or bad faith, was "too insigificant" to be the basis for Hyde Amendment liability.

The second issue considered was whether the Hyde Amendment authorized the production of an internal government memorandum allegedly recommending that the prosecution be dropped. The Court did not decide this issue, although in dicta it indicated that it tended to agree with the view that there was nothing in the Hyde Amendment that authorized discovery. In the end, the Court merely agreed with the district court that Schneider had not raised even the likelihood of government liability, and that under those circumstances no disclosure was warranted.


27 Comments:

Anonymous Anonymous said...

Hi, I was looking for information in reguards to the new bankruptcy laws
on and read your site. Not exactly what I needed but it
drew my attention. Many people get into trouble with and the new
laws may not help them the way they expect. Anyway thanks for the read.

March 23, 2006 at 7:39 AM  
Anonymous Anonymous said...

Have there been any more recent Hyde Amendment cases, either in the 2nd Circuit court or any of the district courts?

August 27, 2007 at 11:09 AM  
Blogger Foss said...

I am married to a former criminal defendant who received a Hyde Award in the Southern District of Texas. I'm researching this topic, and it would be most helpful to me to find out how many awards have been granted. Can anyone help? Thanks

In answer to the post, this award was granted in 2006, with the court's written opinion issued in 2007.

November 14, 2009 at 2:38 PM  
Anonymous Anonymous said...

Hi all
hi there, my name is Tom.

found this website and read some great discussion and feedback so decided to join

i am happy to help others and offer advice where possible :)

Thanks!

March 10, 2010 at 6:10 AM  
Anonymous Clenbuterol said...

Most of all I like to read backgrounds.

June 7, 2010 at 9:27 AM  
Anonymous Anonymous said...

here you can find Viagra the best solution for ED treatment ,
Viagra every 6 hours every day. Buy Viagra

yes or no Viagra

There are Phentermine you can find

Viagra
online and prices will be much cheaper
, Generic Viagra more over you can always Viagra On the street, Viagrafor money to
Buy Viagra Online is the best.viagra no prescription

In adition you can use Cheap Viagra you can buy Cheap Viagra online yes now you can buy Cheap Viagraor you can look forCialis for the same and some times Buy Cialis a longer lasting result!

Cialis online in fact is similar to viagra in it’s affect.
Cialis is one of the most effective meal
Buy Cialis Online enhancement medications online ! Buy Cialis Online with most online pharmacies. Buy Phentermine Online it is a worldwide known drug Buy Phentermine Online
can be found on the web on numerous locations.
Buy Phentermine Online

More over yes now Buy Phentermine Online is known for it’s results
Xanax Online
is an anti anxiety medication Xanax is a short-acting drug
Buy Xanax is used to treat anxiety Buy Xanax online. best online pharmacy for you.
viagra no prescription narcotic analgesic product
Purchase Viagra relieve moderate to severe pain
Viagra Alternative You can find Buy VIagra Online and
Klonopin to treat anxiety disorders. Ultram on sale Ultram best price Ultram cheap pharmacy Ambien best price Cialis online today Cialis is known for it’s results Valium online sale Valium online sale Buy Valium
today Buy Xanax Online cheap prices Buy Xanax online today.

August 8, 2010 at 5:37 AM  
Anonymous Anonymous said...

Many use Ambien Online Today.
viagra no prescription popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescriptionCialis without prescription

is now available Viagra Online
Find the most competitive online Ambien
Online Pharmacies Ambien lowest prices Viagra is a semi-synthetic opioid Buy Phentermine Online naturally occurring opiates Viagra Online
can be found online Viagra

Viagra Online is an FDA approved medication.
Viagra Online narcotic pain-reliever.
buy viagra for sensation of pain.
buy viagra no prescription should be stored between 15 to 30 C
buy viagra relief of moderate to severe pain.
Buy Viagra Online
tablets is 5 to 30 mg every 4 hours. Buy Viagra Online
narcotic pain-relievers generic viagra
may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Buy Viagra online
best price Adderall online sale
Loeazepam
for you alprazolam
for pain Ativan Online
on sale today cheap viagra
here. Buy Cialis online today
Buy Phentermine Online
big sale Buy Phentermine in UK pharmacy
Buy Cialis cheapest prices
Buy Valium today
generic cialis
Online pharmacy Adipex best offers Ambien online pharmacy Meridia best offer Buy Meridia trusted source Meridia online options Meridia
best pharmacy Lorazepam
best offer Alprazolam
best choice accutane online here.

August 8, 2010 at 5:39 AM  
Anonymous Anonymous said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax you can buy adderall
and other try Xanax
you can Buy xanaxand also try to use
Phentermine also try buy adderall
and some
Buy Phentermine Online
and many others use
Propecia
another drug you is
Cialis also called a hypnotic.
Cialis affects chemicals in your brain Buy Phentermine Online unbalanced and cause sleep problems
cialis that causes
cialis dose-related depression
Alprazolam
is useful in treating anxiety
cialis and muscle spasms
cialis Brand name is
Phentermine A generic version
Percocet is a combination of
viagra is a Schedule
Buy Percocet to discuss what
Phentermine These would include
Percocet recreationally rather than
Buy Phentermine Online either an Addict
Valium yes this is the best website for
Valium here you can purchase
Valium online without prescription,
Valium from USA pharmacy
Valium for Anxity, or
Buy Phentermine Online on how best to deal
Phentermine No prescription specifically developed to allow Phentermine No prescription for office-based treatment Buy Ativan is in a group of drugs
Ativan is used to treat anxiety disorders.
Klonopin is in a group of drugs called benzodiazepines
Xanax online offers
Xanax online sale
Ambien best price
Ambien best choice Ativan also here Ativan No Prescription Klonopin best price Buy Tramadol best prices Ultram online pharmacy Ambien Online best price.

August 8, 2010 at 6:22 AM  
Anonymous Anonymous said...

Clonazepam
affects chemicals Clonazepam is used to Klonopin if you Zolpidem prevents the Propecia use by men only Diazepam not be used cialis is pain reliever.
Cialis no prescription is the best.
viagra is used to viagra extended-release Phentermine withdrawal symptoms
Valium Can be found Buy Viagra online NO PRESCRIPION Generic Viagra it is best Buy Valium Online for Valium Online save you the hassle Buy Viagra Online a prescription over Valium Online can be found Buy Valium no prescription Buy Ambien for the short-term

Buy Levitra for the
Buy codeine narcotic pain-reliever .
levitra online is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 ativan online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. buy viagra no prescription cheap prices Buy Viagra best solution Adipex against pain Levitra online sale Tramadol online here Tramadol best prices Adipex online pharmacy Ambien right now
Ambien best prices Ambien best prices Buy Ambien Online discount pharmacy Buy Ambien save money Buy Adipex Online today Tramadol cheap online Cheap Viagra online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 8, 2010 at 6:26 AM  
Anonymous Anonymous said...

Buy Phentermine Online
Buy Phentermine Online With FDA regulations in full effect and Phentermine being considered a controlled substance, Phentermine is unfortunately not available
Buy Phentermine Online Online Drug Store, Guaranteed Shipping. Need a product that isn`t in the site? Call US!. Best Quality Drugs!
Buy Phentermine Online online without a prescription. Order best quality generic and brand phentermine overnight delivery. Online support 24 hours!.
Buy Phentermine Online Purchase best quality generic and brand phentermine. special prices for phentermine online without ...
You need to read this before you Buy Phentermine Online
Online Pharmacy tracker, news, reviews and guide on where to buy meds like, ambien, valium, xanax online. Alprazolam and diazepam from Canadian Pharmacies. Buy Xanax
Buy Xanax or Alprazolam Online. Cheapest website to buy Xanax online. Discreet shipping worldwide. Save your money and time, choose only the ...
Buy Xanax Discount Canada. Canadian Pharmacy, Secure and Anonymous. Check Order Status. Fast online consultation!
Buy Xanax
Buy Xanax Online
Buy Xanax Online (Alprazolam) online without prescription and if so, where
Buy Xanax Online
Find the most competitive online prices and Buy Ambien
right away! Save few hundreds on your order and get your insomnia relief in a prompt and timely ...
The first reason is because it is much more convenient to Buy Hydrocodone on the Internet than it is to purchase it from a traditional pharmacy. ...
Here you can Buy Hydrocodone
Buy Vicodin
Buy Oxycodone
Oxycodone
Oxycodone
Buy Xanax
Xanax
Xanax
Oxycontin
Phentermine
Phentermine
Viagra
Hydrocodone
Hydrocodone
Hydrocodone
Vicodin
Vicodin
Adipex
Propecia
Adipex

August 8, 2010 at 6:34 AM  
Anonymous site said...

Quite helpful data, lots of thanks for this article.

July 30, 2012 at 9:20 AM  
Anonymous Anonymous said...


Xanax Online[url=http://www.xanaxusapharmacy.com] Xanax Online[/url]http://www.xanaxusapharmacy.com
Buy Adderall Online [url=http://www.adderallnorx.com] Buy Adderall [/url]http://www.adderallnorx.com
Buy Adipex[url=http://www.adipexbuy.us]Adipex [/url]http://www.adipexbuy.us
Xanax [url=http://www.purchasexanax.us] Purchase Xanax[/url]http://www.purchasexanax.us

November 23, 2012 at 5:07 PM  
Anonymous Anonymous said...


Buy Ambien[url=http://www.buy-ambien.name]Ambien [/url]http://www.buy-ambien.name
Zolpidem [url=http://www.zolpidemrxpharmacy.com] Buy Zolpidem Online [/url]http://www.zolpidemrxpharmacy.com
Buy Adderall [url=http://www.adderall.vg]Adderall [/url]http://www.adderall.vg
Buy Klonopin [url=http://www.klonopin.vc] Buy Klonopin [/url]http://www.klonopin.vc

November 26, 2012 at 6:01 AM  
Anonymous Anonymous said...


Generic Cialis[url=http://www.genericcialiscialis.com]Generic Cialis[/url]http://www.genericcialiscialis.com
Viagra Without Prescription [url=http://www.viagrawithoutprescription.ws]Viagra Without Prescription [/url]http://www.viagrawithoutprescription.ws
Cialis[url=http://www.cialis-rx-pharm.com]Cialis[/url]http://www.cialis-rx-pharm.com
Generic Cialis[url=http://www.genericcialisy.com]Generic Cialis[/url]http://www.genericcialisy.com

January 1, 2013 at 7:47 PM  
Anonymous Anonymous said...


viagra, [url=http://eyeuser.com/blogs/viewstory/432913]viagra[/url],

http://eyeuser.com/blogs/viewstory/432913

viagra, [url=http://engine4steven.xanga.com/770288025/viagra-online-without-prescription/]viagra[/url],

http://engine4steven.xanga.com/770288025/viagra-online-without-prescription/

viagra, [url=http://kitty2rabbi.xanga.com/770250322/viagra-online-without-prescription/]viagra[/url],

http://kitty2rabbi.xanga.com/770250322/viagra-online-without-prescription/

viagra, [url=http://www.purevolume.com/gold4lyric/posts/3213293/viagra+online+without+prescription]viagra[/url],

http://www.purevolume.com/gold4lyric/posts/3213293/viagra+online+without+prescription

viagra, [url=http://eyeuser.com/blogs/viewstory/428373]viagra[/url],

http://eyeuser.com/blogs/viewstory/428373

January 3, 2013 at 2:46 PM  
Anonymous Anonymous said...

|
|
|

January 7, 2013 at 1:21 PM  
Anonymous Anonymous said...


viagra online [url=http://www.viagra-online.ws] buy viagra [/url]http://www.viagra-online.ws
Cialis[url=http://www.buycialiswithoutprescription.name] Cialis[/url]http://www.buycialiswithoutprescription.name

January 8, 2013 at 11:11 AM  
Anonymous Anonymous said...


Cialis Without Prescription [url=http://www.cialiswithoutprescriptionpharmacy.com] Cialis[/url]http://www.cialiswithoutprescriptionpharmacy.com
Cialis[url=http://www.cialisforyou.com]Cialis[/url]http://www.cialisforyou.com
levitra[url=http://www.cheap-levitra-usa.com]Cheap Levitra [/url]http://www.cheap-levitra-usa.com
Generic Viagra[url=http://www.genericviagrat.com]Generic Viagra[/url]http://www.genericviagrat.com

January 10, 2013 at 7:39 PM  
Anonymous Anonymous said...


Oxycontin[url=http://www.oxycontinrxpharm.com]Oxycontin[/url]http://www.oxycontinrxpharm.com
levitra[url=http://www.levitrawithoutprescription.info]Levitra Without Prescription [/url]http://www.levitrawithoutprescription.info
Generic Cialis[url=http://www.generic-cialis.ws]Generic Cialis[/url]http://www.generic-cialis.ws
Ambien [url=http://www.ambiendeals.com]Ambien [/url]http://www.ambiendeals.com

January 15, 2013 at 2:43 AM  
Anonymous Anonymous said...

4T plus capsules have been designed specifically to remove all
the hindrances in a male's system which stops him from gaining optimum erection. The resulting erections can be slightly less firm than when you were younger. When it comes to the responsive subject of impotence, not many men want to discuss it.

Here is my web site :: Sherman
Also see my website > Blanca

March 15, 2013 at 2:12 AM  
Anonymous Anonymous said...

oZzy moved away some time ago, I miss his cock, for always hungry for sexual intercourse.

FUCK MY PUSSY!

Look at my blog post - hcg injections

March 15, 2013 at 9:16 AM  
Anonymous Anonymous said...

Miss Bertine finds it almost impossible to cope with her maturing body, and desperately wishes that all of her developing parts would stop jiggling.

Pauline on the other hand, chose an identity she could be content with; so she was somehow satisfied with her identity.
If you decide to walk nearly this kind of african american sweetheart
you imagine is indeed lovable, tend not to point out
ethnic background if you're able to keep away from the idea (which you can.

my web page :: Sinnamon Love XXX

March 17, 2013 at 2:23 AM  
Anonymous Anonymous said...

With the treatment you will have a resource that will
aid your body in producing various elements like
testosterone, aiding in overcoming any sexual problems.
Is it really true you can reverse impotence naturally if
you are 65 decades old. When it comes to the responsive
subject of impotence, not many men want to discuss it.

Feel free to visit my web-site ... Mitsue

March 18, 2013 at 1:25 AM  
Anonymous Anonymous said...

"I attended the program at this time (within) anxiety because there have been numerous supporters arriving for find me,Centimeter explained Ariya, who's going to be putting in a bid to start to be the initial Spanish competitor that will triumph an LPGA tournament situation. "Not merely my children, but also the full region has desires for people. Yet as i learned the hands clap, it all started to be a motivation.Inches.
Devils could perhaps sit on the space. never Show pirates. and yet narcotic pirates. In case you are found by those people devils. that knows everything that could happen to you actually. Whilst in the minute host to [url=http://www.sreecgmath.org/ralphlauren.php]Polo Ralph Lauren Pas Cher - Veste de printemps décontracté[/url]
Ryan Villopoto (Kawasaki), while the provisional rankings director, Davi Millsaps (Suzuki), started in 3 rd, plus much younger people Bieber Barcia [url=http://www.sreecgmath.org/ralphlauren.php]Polo Ralph Lauren[/url]
(Frd), came in 4 .. Supercross E. Louis The year 2013 Exist River Enjoy AMA SUPERCROSS The year 2013 Dwell From the Computer system, iphone, just about any android operating system, itouch, apple company ipad, together with other Phone.

April 13, 2013 at 10:55 AM  
Anonymous Anonymous said...

<----- Opening Spinn
Valium[url=http://www.valium.name]Valium[/url]http://www.valium.name
Valium Online[url=http://www.valiumonline.biz]Valium [/url]http://www.valiumonline.biz
Buy Klonopin[url=http://www.buyklonopinrx.com] Buy Klonopin[/url]http://www.buyklonopinrx.com

April 19, 2013 at 2:49 PM  
Anonymous Anonymous said...


Viagra[url=http://www.viagra.gd]Viagra[/url]http://www.viagra.gd
Cheap Cialis[url=http://www.cheap-cialis.name]Cialis [/url]http://www.cheap-cialis.name

Closeing Spinn ----->

April 25, 2013 at 11:25 AM  
Anonymous Anonymous said...

Fantastic goods from you, man. I've understand your stuff previous to and you're
just extremely wonderful. I actually like what you have acquired here, certainly like what you are saying and
the way in which you say it. You make it enjoyable and you still take
care of to keep it smart. I cant wait to read far more from
you. This is really a great website.

Feel free to surf to my weblog; cheap nike air max

May 11, 2013 at 3:43 PM  

Post a Comment

<< Home