In a case involving a failed prosecution for health care fraud, an order partially granting defendant's motion under the Hyde Act and awarding fees to cover the costs of defending against certain counts associated with one of the theories advanced by the government on the ground that the theory was frivolous, is reversed and the fee application is denied where the failure by the government to thoroughly investigate the case was not the kind of misconduct requiring a fee award.
Argued and Submitted November 17, 2008
Filed January 8, 2010
Opinion by Judge Trager
Vijay Shanker, United States Department of Justice, Washington, DC
Jeffery S. Parker, Great Falls, VA