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Delta-Lawyer, Lawyer
Category: Criminal Law
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Experience:  Over A Decade Of Criminal Law Experience
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If a government worker wins a case but is prosecuted fraud

Customer Question

If a government worker wins a case but is prosecuted for mail fraud in the case will all of the evidence be throne out because of mail fraud.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 1 year ago.

If the evidence that was used was procured by or through mail fraud, then that evidence could be tainted. The opposing party could file a motion for a new trial or rehearing if this is discovered after the case that was won by the government worker was completed. This would be considered new evidence (this being the mail fraud) and could be grounds for a new trial.

The answer to your question is not a definite YES, the evidence will be thrown out. However, it is grounds to look at it anew and potentially throw it out or weigh it differently in coming to a conclusion.

Let me know if you have any other questions.

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Best wishes going forward!