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Federal Judge Fines Gov't $600k for ImproperlyTaping Defense Lawyers

More prosecutorial misconduct, this time in Florida in a drug case. Prosecutors improperly taped the defendant's lawyers.

Accusing federal prosecutors of knowingly and repeatedly violating ethical guidelines in a high-profile narcotics trial, a Miami federal judge Thursday reprimanded multiple assistant U.S. attorneys who took part in the case -- and fined the federal government more than $600,000.

U.S. District Judge Alan Gold's harshly critical 50-page order takes the federal government to task for acting deceptively and ''in bad faith'' in the case of Miami Beach doctor Ali Shaygan, who was acquitted last month of 141 counts of illegally prescribing painkillers. The $601,795 fine will be paid to Shaygan as reimbursement for much of his legal fees and costs.

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While prosecuting Shaygan, the U.S. attorney's office began a secret, undisclosed side investigation of Shaygan's legal team, citing a suspicion of witness tampering on the part of the defense.

No evidence surfaced that the defense team was manipulating witnesses. On the contrary, defense attorneys rejected bribery invitations floated on tape from government informants.

Prosecutors used their trial witnesses -- informants in the criminal case -- to tape the defense team. The lawyers did nothing wrong. But the prosecutors not only didn't disclose the illegal scheme, they called the witnesses at trial and didn't mention it.

The government falsely introduced those informants -- former patients of the doctor -- as impartial, neutral witnesses.

Jurors, and the judge presiding over the case, found out about the tape recordings by accident, when one of the informants blurted out their existence while testifying.

In addition to fining the U.S. $600,000:

[Judge] Gold formally reprimanded prosecutors Sean Cronin, Karen Gilbert and Andrea Hoffman and said he would send a copy of the order to the Florida Bar for its review.

The U.S. Attorney for Miami issued a statement:

''Our Office policy, which requires the prior approval of senior management before this type of witness tampering investigation is commenced, exists to prevent precisely this type of situation,'' spokeswoman Alicia Valle wrote. ``We regret that the policy was not followed, have already apologized to counsel, and have taken steps to ensure that this will not happen again.''