Falsely Convicted Lawyer Seeks $200K From Gov’t
September 16, 2015
The lawyer convicted in one of Nevada’s largest mortgage fraud cases has had his conviction and three-year prison sentence overturned due to government misconduct, and now seeks to have the government pay his legal bills. David Mark was convicted in 2013 of conspiracy and fraud charges, but in July a federal appeals panel threw that ruling out, concluding that the judge had relied on a “scant record” and “inaccurate” information. Though requesting legal fees in criminal cases is rare, Mark’s attorney said his case meets the criteria established under the 1997 Hyde Amendment, which says legal fees may be recouped when a federal judge finds the government’s actions were “vexatious, frivolous or in bad faith.”
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