Pubdate: Tue, 23 Feb 2010 Source: Ledger-Enquirer (Columbus,GA) Copyright: 2010 Ledger-Enquirer Contact: http://www.ledger-enquirer.com/mld/enquirer/ Details: http://www.mapinc.org/media/237 Author: Alan Riquelmy Related: http://www.mapinc.org/drugnews/v10/n068/a01.html JUDGE LAND DENIES SHELNUTT'S REQUEST FOR ATTORNEY FEES U.S. District Court Judge Clay Land denied Monday the motion by Columbus attorney Mark Shelnutt that asked for attorney fees and expenses. Shelnutt, acquitted in November of charges including money laundering, aiding and abetting a conspiracy to distribute cocaine, attempted bribery and making false statements, argued in his December motion that prosecutors waged a "baseless, vexatious, frivolous, bad faith, harassing and stubborn" case against him. He stated in an exhibit to his motion that he paid or must pay several attorneys more than $190,000 and that he incurred some $35,000 in expenses while defending himself. In the motion, Shelnutt cites the "Hyde Amendment," enacted in 1997, which enables a judge to award reasonable attorney's fees and expenses to a defendant, "where the court finds that the position of the United States was vexatious, frivolous or in bad faith," the motion states. "Although the court has concerns about the prosecutorial discretion exercised by the Department of Justice in its handling of this case, the Hyde Amendment does not authorize an award of attorney's fees for an abuse of such discretion, unless the government's position in the case was vexatious, frivolous or in bad faith," Land states. "The present record does not support such a finding, and therefore, defendant's motion is denied." Shelnutt said he knew he had a "heavy burden" to overcome in order to prevail, and that he respected the judge's decision. Defense attorney Thomas Withers, who represents Shelnutt, also said he respects Land's decision. "With respect to the issue of an appeal, we'll have to evaluate the criteria for an appeal and see if an appeal is readily available to us," Withers added. Acting U.S. Attorney Pete Peterman said Land reached the right decision. During Shelnutt's trial and in written orders, Land has questioned prosecutors' actions in Shelnutt's case and in the cases of some who testified against the Columbus attorney during his trial. In a footnote to Monday's order, Land said he remained "troubled" by senior officials in the U.S. Department of Justice insisting that an attorney is committing a felony when he takes a legitimate attorney's fee and does something with it that makes someone think he was trying to conceal it. "Whether the attorney then decides to deposit the proceeds in his operating account, a private safe, his desk drawer, or bury them in a coffee can in his back yard is irrelevant," Land states. "Money laundering contemplates transforming 'dirty' money into 'clean,' not hiding one's own 'clean' money. "Admittedly, the distinction between illegal money laundering and legitimate legal representation can be difficult to discern in some cases, particularly when the evidence is circumstantial in nature, but it is precisely these types of cases that require the judicious exercise of prosecutorial discretion by a justice department focused on justice and not a high-profile conviction," Land continues. Shelnutt said he appreciated the judge's comments about justice being the driving force behind a prosecution. "I appreciate the court's expression of concern about the case," Shelnutt said. "I'm just so grateful and will always be grateful to have been vindicated by a jury of my peers." - --- MAP posted-by: Jo-D