United States v. Chapman, et al., No. 10-10338 (9th Cir. 2011)
Annotate this CaseThis is the second appeal arising from the failed prosecution of defendants for securities and investment fraud. At issue was whether the district court abused its discretion in denying defendants' motion to reopen under Fed. R. Civ. P. 60(b)(3) based on an internal government memorandum (memo) written shortly after the district court dismissed the indictment. The court held that the district court acted within its discretion in finding that the memo did not show fraud on the court or provided a basis to reopen the case to allow discovery into that issue where the memo was not a revelation of new information about the discovery misconduct during trial and where the memo was consistent with the court's prior conclusion that the government's misconduct during trial was a mixture of intentional and negligent pretrial and trial acts and omissions. Accordingly, the judgment of the district court was affirmed.
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