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Government case implodes as its former lawyers allege fraud against Holder DOJ
As a result of the allegations, a federal district judge has ordered the recusal from the case of every judge in the Eastern District of California. He reasons that the court may have been defrauded by the government, thus requiring the appointment of an outside judge to handle the matter going forward.
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Nonetheless, as litigants confronted by the power of the federal government are wont to do, the company settled the case. It agreed to pay $55 million to the United States over a period of five years and to give up 22,500 acres of land.
But now two former DOJ lawyers in the office that prosecuted the action corroborate Sierra Pacific’s claim that the DOJ’s case was based on fraud and deception. Using information provided by these lawyers, Sierra Pacific told the federal court that “the United States presented false evidence to the Defendants and the Court [and] advanced arguments to the Court premised on that false evidence or for which material evidence had been withheld.”
In addition, the United States “prepared key. . .investigators for depositions, and allowed them to repeatedly give false testimony about the most important aspects of their investigation.” The United States also “failed to disclose the facts and circumstances associated with the lead investigator’s direct financial interest in the outcome of the investigation arising from an illegal bank account that has since been exposed and terminated.”
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In this instance, David Shelledy, who drove the prosecution against Sierra Pacific, reportedly had a history of resisting the disclosure in environmental cases of evidence the DOJ is required to disclose. The Department’s office of professional responsibility is said to have rejected his positions on this issue in previous cases.
But the Holder's DOJ did not rein Shelledy in. And now, it is about to award him for “excellence.”
Article at link.
Government case implodes as its former lawyers allege fraud against Holder DOJ
As a result of the allegations, a federal district judge has ordered the recusal from the case of every judge in the Eastern District of California. He reasons that the court may have been defrauded by the government, thus requiring the appointment of an outside judge to handle the matter going forward.
-------------------------
Nonetheless, as litigants confronted by the power of the federal government are wont to do, the company settled the case. It agreed to pay $55 million to the United States over a period of five years and to give up 22,500 acres of land.
But now two former DOJ lawyers in the office that prosecuted the action corroborate Sierra Pacific’s claim that the DOJ’s case was based on fraud and deception. Using information provided by these lawyers, Sierra Pacific told the federal court that “the United States presented false evidence to the Defendants and the Court [and] advanced arguments to the Court premised on that false evidence or for which material evidence had been withheld.”
In addition, the United States “prepared key. . .investigators for depositions, and allowed them to repeatedly give false testimony about the most important aspects of their investigation.” The United States also “failed to disclose the facts and circumstances associated with the lead investigator’s direct financial interest in the outcome of the investigation arising from an illegal bank account that has since been exposed and terminated.”
--------------------------------------
In this instance, David Shelledy, who drove the prosecution against Sierra Pacific, reportedly had a history of resisting the disclosure in environmental cases of evidence the DOJ is required to disclose. The Department’s office of professional responsibility is said to have rejected his positions on this issue in previous cases.
But the Holder's DOJ did not rein Shelledy in. And now, it is about to award him for “excellence.”
Article at link.
More DOJ shenanigans
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