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)

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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)

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