Guertin v. United States, No. 13-186 (2d Cir. 2014)Annotate this Case
Plaintiff challenged HUD's refusal to authorize reimbursement of defense costs plaintiff incurred while successfully defending criminal charges stemming from a series of transactions involving Middletown's use of funds it received from HUD. The court held that HUD acted arbitrarily and capriciously by incorrectly determining that plaintiff's legal fees were a result of his acting solely as Middletown's mayor's private counsel. The court held that the legal fees and expenses incurred by plaintiff in successfully defending the criminal charges were legal expenses required in the administration of federal programs under the OMB Circular. Accordingly, the court reversed the judgment of the district court and ordered HUD to authorize Middletown to reimburse the criminal defense costs to plaintiff.