Businessman George Wilson, who had his 20-year jail term vacated, has sued the United States Government for thousands of dollars in legal fees. <\/P><\/p>\n
In a 45-page document copied to The Guardian on Monday, Mr Wilson has petitioned US Texas Judge David Hutter for $185,500 to cover fees and litigation expenses. <\/P><\/p>\n
Mr Wilson, former president and sole shareholder of the Winston Hill Assurance Company, was convicted in 1999 on 18 counts of fraud, involving a multi-million dollar insurance scam. The company was established in 1986 with headquarters in New Providence, specialising in placing difficult insurance risks, which other insurers would not accept. <\/P><\/p>\n
He was convicted of conspiracy to commit money laundering, mail fraud, and engaging in monetary transactions involving property derived from specified unlawful activity. <\/P><\/p>\n
Mr Wilson severely criticised the American justice system, accusing it of being prejudiced, and then criticised the Bahamian Government for denying his attorney records which could have assisted in the matter. <\/P><\/p>\n
It was concluded that the US Government lacked probable cause and could not have expected a valid conviction in United States v Wilson, since it knew that the letter necessary with respect to the Statute of Limitations had not been sent to The Bahamas. <\/P><\/p>\n
Mr Wilson, who won an appeal of conviction, was released from a Texas prison on March 10 this year, and has petitioned the US Government to award him attorney’s fees of $125,000 for trial, $25,000 for appeal, and $34,500 in litigation expenses. <\/P><\/p>\n
In his signed document, Mr Wilson concluded that clearly, the US Government lacked probable cause and could not have expected a valid conviction in his case since it knew that the letter necessary to toll the Statute of Limitations had not been sent to The Bahamas. <\/P><\/p>\n
He also concluded that: “The Government’s ex post facto switching of the conspiracy statutes in its indictment of Wilson was clearly in bad faith and its overall conduct in US v Wilson were vexatious, malicious, and selective. <\/P><\/p>\n
“The Government has clearly acted in United States v Wilson with conscious indifference and a reckless disregard of Wilson’s due process and Constitutional rights.” <\/P><\/p>\n
Elements of Mr Wilson’s claim are as follows: <\/P><\/p>\n
* The prosecution was a criminal case commenced in fiscal year 1998 <\/P><\/p>\n
* He did not have an attorney paid by public funds. <\/P><\/p>\n
* He was the prevailing party, his judgment and sentence was vacated by the Fifth Circuit Court of Appeals. <\/P><\/p>\n
* He has a net worth substantially less than two million dollars. <\/P><\/p>\n
* There are no “special circumstances” to render the award of attorney’s fees and expenses of litigation unjust in this case. <\/P><\/p>\n
* The amount of attorney’s fees and expenses of litigation are reasonable under the circumstances of this case. <\/P><\/p>\n
* The position of the United States in prosecuting George Wilson by the United States Attorney’s Office for the Southern District of Texas was vexatious and in bad faith.<\/P><\/p>\n
Mr Wilson first challenged his indictment based on the statute of limitations by filing a Motion to Dismiss. After the trial court denied that motion without conducting a hearing, he filed a Motion for Reconsideration. However, the District court denied the said motion without conducting a hearing, and the case proceeded to trial. <\/P><\/p>\n
Subsequently, on February 13, a three judge panel of the United States Court of Appeal for the Fifth Circuit unanimously reversed Mr Wilson’s conviction and vacated his sentence.<\/P><\/p>\n
By LINDSAY THOMPSON Guardian Business Editor lindsay@nasguard.com<\/P><\/p>\n","protected":false},"excerpt":{"rendered":"
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