Case Detail
CitationUnited States v. Aisenberg, 358 F.3d 1327 (11th Cir. 2004)
CrimeViolent, other
Pros. First NameStephen
Pros. Last NameKunz
Trial Year2001
BodyTrial court
OpinionThe government paid roughly $1.5 million in Hyde Amendment sanctions after bringing an indictment in bad faith against the parents of a missing child. "This is not an example of a prosecution that faltered after the discovery of surprising exculpatory evidence. This is not an example of a prosecution stymied by the death or disappearance of an important witness or an unexpected reversal in the credibility or testimony of a key witness. This is not an example of a prosecution that falters after a confession by, or the discovery of, another suspect. This is not an example of a prosecution frustrated by some change in the law that adversely and surprisingly affects the calculus of conviction. What sort of prosecution was this? ... 'Vexatious' seems precisely right as a description as a description of the Aisenberg prosecution because of the element of oppression, calculated in this instance to compel one Aisenberg to testify against the other, coupled with the lack of evidence to support the indictment, although 'bad faith' (or even 'frivolous') might serve as well." The 11th Circuit Court of Appeals limited the Hyde award.
Determination Year2003
Misconduct TypeP
C/S EffectPre-trial dismissal
Pros. Misc. ReportedYes
Sanction TypeUKN
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