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    Frank Artville's Avatar
    Frank Artville Posts: 7, Reputation: 2
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    #1

    Mar 22, 2008, 05:17 PM
    Recovering legal fees
    I was indicated for money laundering, I was entrapped by government officials.
    I was found not guilty by a jury (Federal Ct).
    My lawyer's fees ran over $200,000 (what's the price of freedom... )
    What are my chances of recovering this or part of this with a lawsuit against the government agency involved?
    My lawyer for the case was /is a white collar specialist , and tells me to forget about it. I have a hard time forgetting about the tremendous stress on my family and myself, as well as the financial part.

    Anybody has experience with this or knows about going after Big Brother?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Mar 22, 2008, 05:27 PM
    From what I looked up you have 30 days from the judgment to file.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Mar 23, 2008, 06:18 AM
    Quote Originally Posted by Frank Artville
    I was indicated for money laundering, I was entrapped by government officials.
    I was found not guilty by a jury (Federal Ct).
    My lawyer's fees ran over $200,000 (what's the price of freedom...)
    What are my chances of recovering this or part of this with a lawsuit against the government agency involved?
    My lawyer for the case was /is a white collar specialist , and tells me to forget about it. I have a hard time forgetting about the tremendous stress on my family and myself, as well as the financial part.

    Anybody has experience with this or knows about going after Big Brother?

    As far as I know if you are filing against a Government Agency you have to file a Notice of Claim within 90 days of the event which caused the loss.

    Lots of people have sued for legal fees in similar cases and lost. Not saying it's right or fair, that's just how it is.

    Notice you do not say you were innocent; you do say you were entrapped. Sounds like your Attorney got you off on grounds of entrapment and that enters into the picture, too.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 23, 2008, 06:55 AM
    Bascily you will be spending 1000's of dollars to lose,
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Mar 23, 2008, 07:22 AM
    Hello Frank:

    Your lawyer is probably right. But you DID say he was a white collar criminal defense lawyer. What he's NOT, is a civil litigation attorney.

    Look, I don't know what these feds did or how much money you've got. If all they did was act like overzealous cops, then I don't think you have a case. If, however, they acted with malice, and you have the legal resources to prove it, then go get those slimy bastards.

    Besides, if you win, you'll win a whole lot more than just your legal fees back. Remember Mike Nifong, the former Durham district attorney who lost his job, his law license, and all his money?

    Go git 'em!

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    Mar 23, 2008, 08:35 AM
    If you consult a new attorney who specializes in this type of suit and he tells you you'll be throwing your money away chasing the gov't - then believe the attorney (if he is honest and doesn't need a new car or yacht this year). Consider the $200K well spent - you are not in jail and don't have a criminal record. Your attorney did his job well and you paid for his services. What would have happened had you been found guilty and are now sitting in a federal prison? Sue the gov't for your attorney's fees because you lost? You got your money's worth - what more do you want?

    Anyone who was entrapped (regardless of the crime be it a vice sting, or a money laudering sting) basically shows that they have a predisposition to do the crime. A truly innocent person would have told the other people that they are not intrested in doing something illegal and to leave. I am very surprised that you were not convicted. Be happy that you have your freedom.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Mar 23, 2008, 08:46 AM
    Quote Originally Posted by twinkiedooter
    Sue the gov't for your attorney's fees because you lost?
    Hello twink:

    He wouldn't be suing because he lost. He'd be suing because the government acted improperly with malice aforethought.

    That's a substantial difference than suing over sour grapes. Or do you think Mike Nifong is an anomaly?

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Mar 23, 2008, 08:54 AM
    [QUOTE=excon]Hello twink:

    He wouldn't be suing because he lost. He'd be suing because the government acted improperly with malice aforethought.

    That's a substantial difference than suing over sour grapes. Or do you think Mike Nifong is an anomaly?



    My concern was - and I think "Twinky" may have read it - that this was not the whole story, not the government acting out of malice. The OP tried to turn State's witness and it didn't work; he admits he was guilty; I think I'd walk away instead of stirring this up (particularly because one of his concerns was deportation):

    The original post was: "Basically, I accepted money as a payment towards an titem that my organization brokers, the money, I was told came from drug sales, and I pretended not to know. Undercover sting: I am on tape / camera, they have a pretty solid case according to my lawyer. He has 30 years experience on both sides (prosecutor, criminal defense attorney, well known local white collar defense lawyer with good connections (he says))... It was a sting operation by the IRS, and I was the guy 'on call', it could have been anybody else in my office (but they might not have accepted the deal)
    I have assisted the DA office to see if they could get more people involved, but there is nothing. "
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #9

    Mar 23, 2008, 09:10 AM
    Didn't know he cooperated with the gov't. But in any case, he still has his freedom and did not sit in prison. He was not just some "innocent guy on call" in my opinion. He went for the deal hook, line and sinker and is now whining about having to pay his attorney. At least that's the way I read this whole OP. He could have said NO, but chose not to thinking he'd get rich doing some quick laundry deals. I have no sympathy for him, sorry. Doing illegal things never pays in the end.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #10

    Mar 23, 2008, 09:15 AM
    What would have happened had you been found guilty and are now sitting in a federal prison? Sue the gov't for your attorney's fees because you lost?

    excon - THIS was my entire quote - not just the second sentence. Please don't just cut and paste things that are not a full thought. Thank you.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #11

    Mar 23, 2008, 07:16 PM
    Mike Nifong lost because he had too much media attention on his bad decision so they needed somebody's head on a platter and he was the one that messed with the wrong side.

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