For David Mark, an attorney convicted in a mortgage fraud case in 2013, clearing his name isn’t enough – he wants to be compensated as well.
Mark is seeking $215,000 in attorney fees, arguing the case "shrieks of prosecutorial misconduct and fabrication, if not perjury," according to the Las Vegas Review-Journal.
In what was one of the largest mortgage fraud cases in Las Vegas History, Mark provided prosecutors with information that led to the indictment of a mortgage broker Steven Grimm and his ex-wife, Eve Mazzarella, a mortgage broker. Prosecutors believe the couple defrauded banks to the tune of over $50 million.
Mark was later convicted in April 2013 of conspiracy to commit bank fraud, mail fraud and wire fraud, and was sentenced to three years in prison by now-retired Senior U.S. District Judge Philip Pro, the Review-Journal reports.
During his trial, Mark argued he was indicted after prosecutors falsely accused him of violating an immunity agreement in place.
"When the government promises not to prosecute a witness in exchange for his cooperation, it cannot then indict the witness unless it proves that he failed to cooperate," the panel wrote.
Prosecutors at the time alleged Mark breached his immunity during a phone call. It was later discovered no record of the phone call existed.
A federal appeals panel threw out the conviction this past July, however.
Files by Reuters 2015
An attorney, whose mortgage fraud conviction was overturned due to government misconduct, is seeking compensation for his legal fees