MAKE US YOUR HOMEPAGE | Saturday, November 21, 2009 | WIRELESS CONTACT US | SUBSCRIBER SERVICES | SIGN IN SIGN OUT | MY PROFILE PAGE | MY ACCOUNT

Home > News > Article

Newspaper View Newspaper View      Print this story Print      Email this story Email      Comment Comment      RSS RSS     
Share      Bookmark Bookmark

U.S. ordered to pay OKC attorney
 
By AP Wire Services
Published: 8/13/2007  4:05 AM
Last Modified: 8/13/2007  4:05 AM

OKLAHOMA CITY (AP) -- A federal judge in Texas has ordered the government to pay almost $400,000 to an Oklahoma City attorney who was wrongly prosecuted.

An indictment handed up in Houston in 2004 accused the attorney, John Claro, and seven others of health insurance fraud. Prosecutors alleged that the defendants fraudulently obtained more than $45 million in premium payments.

Claro faced 54 counts and was arrested by FBI agents. The criminal case was dismissed in 2005.

On July 31, U.S. District Judge Lynn Hughes awarded Claro $391,292 to cover his defense expenses. Claro had sought more. Such payments to former criminal defendants are rare but are allowed by federal law when a prosecution is found to be unjustified or in bad faith.

"This is a lot of money, and it will be paid from the taxpayers' hard-earned funds," Hughes wrote in a scathing opinion. "Some would characterize this as a raid on the treasury. The government can prevent these raids by choosing to be responsible."

The judge called the prosecution of Claro unreasonable and groundless. The judge also found that the prosecution "showed at least a reckless disregard for the truth." The judge ruled that prosecutors misled the grand jury that issued the inaccurate indictment.

"The case against . . . Claro lacked even a semblance of responsible work by the government," the judge wrote. "The misbehavior of the prosecutors costs the taxpayers twice; once in

the consumption of their salaries and other expenses in not doing their job, and once in restoring the person . . . they injured."

Claro was represented primarily by Oklahoma City attorney Drew Neville. The judge called Neville a capable, distinguished lawyer who vigorously defended the case.

In a statement from Houston, U.S Attorney Don DeGabrielle said: "While respecting the decision, we disagree with the court's findings, conclusion and ruling. Having now received the court's written findings, this office will be seeking departmental approval to appeal."

By AP Wire Services

Newspaper View Newspaper View      Print this story Print      Email this story Email      Comment Comment      RSS RSS     
Share      Bookmark Bookmark

Reader Comments
       Add your comment

1 comments have been made on this story so far. Tell us what you think below!

Report Comment Reporting Comments

If you see a comment that violates our terms and conditions, please help us by clicking the "Report this Comment" link next to a comment. That will alert the web staff to review the comment. Thank you.  -- Web Editor Jason Collington
 
 
Report Comment
R, (8/13/2007 9:38:49 PM)
why does bush not fire U.S Attorney Don DeGabrielle?
 

 
Add Your Comment 
In order to post a comment on this article, you must sign in to Tulsaworld.com. If you do not have a site account, you can create an account for free.

 
  
Post Your Comment
 


Most Popular Stories
Comments made yesterday 1,932
Total Comments 896,454
Register to make reader comments

Most Popular Stories




Tulsa World

Home | About Tulsa World | Advertise With Us | Privacy | Usage Agreement | FAQ and Help | Contact Us | Today's Headlines
Copyright © 2009, World Publishing Co. All rights reserved.




Advanced Search