United States v. Chapman

OPINION

ROSENTHAL, District Judge:

This is the second appeal arising from the failed prosecution of Daniel Chapman, Sean Flanagan, and Herbert Jacobi for securities and investment fraud. We previously upheld the district court’s dismissal of the indictment with prejudice as a sanction for the government’s failure to meet its disclosure obligations under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) and Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). In the previous appeal, we also affirmed the district court’s refusal to award the defendants…