In a scathing 69-page order, a Magistrate Judge found that federal prosecutors engaged in flagrant misconduct in connection with a tax evasion case against Bienert | Katzman Littrell Williams LLP’s client, a dedicated Alaskan oncologist.
The Court called out all three members of the prosecution team for withholding evidence and making evasive, misleading, and untruthful statements to the BKLW defense team and to the Court. The Court referred all three prosecutors (who had already been removed from the case after initial findings of misconduct late last year) to the Office of Professional Responsibility, noting that the lead prosecutor’s conduct was not only reckless, but willful. It also referred two IRS agents for discipline because of their misleading and deceitful conduct.
The order, which came following a three-day evidentiary hearing in Alaska, was the product of years of hard-fought litigation and creative motions practice by BKLW partners Ariana Hawbecker and John Littrell.
Although the lengthy order describing the government’s misconduct was filed under seal, a summary of the Court’s findings and disciplinary referrals is available here.