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US v. Capener, No. 07-10359

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.

Read US v. Capener, No. 07-10359

Appellate Information

Argued and Submitted November 17, 2008

Filed January 8, 2010


Opinion by Judge Trager


For Appellant:

Vijay Shanker, United States Department of Justice, Washington, DC

For Appellee:

Jeffery S. Parker, Great Falls, VA