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Category: Criminal Law
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Can prosecutorial misconduct be pursued under FTCA where there

Customer Question

Can prosecutorial misconduct be pursued under FTCA where there is manipulation and lying by federal agents in Grand Jury and lies before the court by AUSA in change of plea hearings?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Roger replied 9 months ago.

Kirk Adams : Hi - my name is XXXXX XXXXX X'X a Criminal Law litigation attorney. Thanks for your question.
Kirk Adams : A lawsuit under the Tort Claims Act would likely be described as a claim for malicious prosecution, which is basically the same thing as prosecutorial misconduct.
Customer : Does the entry of a plea have any bearing n going forward with a claim when the bulk of indictment claimed was disproven by govt on evidence which they had prior to indictment? And certain false claims are reason I lost my job?
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 25247
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 13 other Criminal Law Specialists are ready to help you
Expert:  Roger replied 9 months ago.

Hi -

 

I just saw your follow-up question; for some reason, I was not notified. Sorry for the delay.

 

If a GUILTY PLEA was entered, then that is going to be an obstacle for you because it's an admission of the allegations, which would cut against a civil claim for malicious prosecution. The only chance to get around this is if you can prove that the person was defrauded, coerced, forced, tricked, etc. into accepting the plea - - which is difficult to prove.

 

Thus, this would be difficult to overcome in a civil action unless the guilty plea were withdrawn by a court with proof that the plea was not voluntarily made.

 

Thanks for allowing me to assist you. I'll be glad to answer any additional questions you have regarding this or any other issue. If the need arises, please let me know.

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