Examples of Prosecutorial Misconduct

Prosecutorial overreaching and misconduct distort the truth-finding process and taint the credibility of the criminal justice system, including the outcomes they generate. NACDL is dedicated to attaining meaningful, systemic reform to help prevent the insidious harm caused when a prosecutor carelessly, or purposefully, fails in his or her duties to us all. This page contains cases of prosecutorial misconduct.

"Convicted ‘eco-terrorist’ freed amid claims FBI hid evidence", The Sacramento Bee, January 8, 2015

Short Case Summaries:  The Human Cost of Brady Violations 

Prosecution of Lindsey Manufacturing 

Prosecution of Senator Ted Stevens and Related Special Prosecutor Investigation 

In re G. Paul Howes, Opinion Holding Disbarment an Appropriate Sanction for a AUSA's Misconduct No. 10-BG-938, 39 A.3d 1 (D.C. Cir. March 8, 2012, amended June 7, 2012)

U.S. v. Chapman, Opinion Affirming Dismissal for Prosecutorial Misconduct, No. 06-10316 (9th Cir. May 6, 2008)

U.S. v. Clemens, Defendant's Motion and Memorandum of Law to Prohibit Retrial and to Dismiss the Indictment, No. 10-223 (D.D.C. July 29, 2011)

U.S. v. Jones, Memorandum Discussing Prosecutorial Misconduct and Order for Training and Response on the Propriety of Sanctions, No. 07-10289 (D. Mass. May 18, 2009) (Judge Mark Wolf)

Continue reading below

U.S. v. RuehleDismissal of Indictment, No. 08-00139-CJC (C.D. Cal. Dec. 15, 2009) (transcript of Judge Carney dismissing the indictment against Broadcom's Henry Nicholas III and William Ruehle)

U.S. v. Shaygan, Order on Defendant’s Motion for Sanctions Under Hyde Amendment, No. 08-20112-CR-Gold/McAliley (S.D. Fla. April 9, 2009) (Judge Alan S. Gold) 

U.S. v. Slough, Memorandum Opinion Granting the Defendants’ Motion to Dismiss the Indictment, No. 08-0360 (D.D.C. Dec. 31, 2009) (Judge Ricardo M. Urbina) (Blackwater Case)

U.S. v. W.R. Grace, Jury Instruction Given During Trial on Witness Bob Locke's Bias, No. CR 05-07-M-DWM (D. Mont. April 29, 2009) (Judge Donald W. Molloy)

Continue reading below

Featured Products

UNGAGGED.NET - The Other Side Of The Enron Story (resources on the Enron Prosecutions)

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free