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Government's Use of Defendant's Former Lawyer as Confidential Informant Not "Outrageous"

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Hoffecker, No. 06-3190, (3d Cir. June 16, 2008), the Third Circuit issued a 103- page opinion primarily to address two issues: Did the District Court err in admitting the testimony of defendant?s former attorney and (2) was the prosecution time-barred?Hoffecker and a co-defendant set up an investment company located in the Bahamas purportedly to sell commodities. The opinion details the elaborate telemarketing investment scam.The Government employed Jack Field, Hoffecker?s one-time lawyer and friend, as an informant. Hoffecker argued this was so outrageous that it violated Due Process.The opinion explains at length that the two had been out of contact for 3 years. When they met again, Field clearly and repeatedly stated he would not act as lawyer in this new deal and that he no longer practiced law...continue to full post

Full post as published by Third Circuit Blog on June 26, 2008 (boomark / email).