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U.S. v. STRINGER

No. 06-30100.

521 F.3d 1189 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. J. Kenneth STRINGER, III; J. Mark Samper; William N. Martin, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2008.

Attorney(s) appearing for the Case

Kelly A. Zusman, Portland, Oregon, for plaintiff-appellant United States of America.

Janet Lee Hoffman, Portland, Oregon, for defendant-appellee J. Kenneth Stringer, III.

Ronald H. Hoevet, Portland, Oregon, for defendant-appellee Mark Samper.

John S. Ransom and Kendra M. Matthews, Ransom Blackman LLP, for defendant-appellee William N. Martin.

Before: MARY M. SCHROEDER, BARRY G. SILVERMAN and JAY S. BYBEE, Circuit Judges.

SCHROEDER, Circuit Judge:

I. Introduction

The United States appeals from a final order of the district court dismissing criminal indictments against three individual defendants charging counts of criminal securities violations. The dismissal was premised on the district court's conclusion that the government had engaged in deceitful conduct, in violation of defendants' due process rights, by simultaneously pursuing civil and criminal investigations...

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