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U.S.A. v. Brian Campbell11/26/2003
The matter before the Court, the Honorable Consuelo B. Marshall, United States District Judge presiding, is Defendant Brian Campbell’s Omnibus Motion for: 1) Attorney’s Fees Pursuant to the Hyde Amendment; 2) Dismissal of Indictment; 3) Grand Jury Transcripts, Notes, Logbooks and Minutes; 4) Bill of Particulars; 5) Permitting Defendant to Inspect, Copy or Photograph Certain Books and Documents; 6) Granting Defendant Any and All Exculpatory Information Relevant for an Evidentiary Hearing; and 7) for Sanctions Against Individual Prosecutors. The parties appeared before the Court on January 8, 2001, Defendant Campbell appearing in pro per. Upon consideration of the papers and arguments presented, the Court: 1) DENIES Defendant’s Motion for Attorney’s Fees; 2) DENIES Defendant’s Motion for Dismissal of the Indictment as MOOT; 3) DENIES Defendant’s Motion for Grand Jury Transcripts, Notes, Logbooks and Minutes as MOOT; 4) DENIES Defendant’s Motion for a Bill of Particulars as MOOT; 5) DENIES Defendant’s Motion Permitting Defendant to Inspect, Copy or Photograph Certain Books and Documents; 6) DENIES Defendant’s Motion Granting Defendant Any and All Exculpatory Information Relevant for an Evidentiary Hearing as MOOT; and 7) DENIES Defendant’s Motion for Sanctions Against Individual Prosecutors.
BACKGROUND AND PROCEDURAL HISTORY
Defendant Brian Campbell, a personal injury attorney, and Defendant Monique Errigo Campbell, his office-manager wife, were investigated as part of an FBI undercover operation targeting lawyers and health care professionals submitting fraudulent insurance claims arising from automobile accidents. The indictment alleges the following:
Defendant dealt with “cappers,” who, for a fee, introduced him to clients claiming they were injured in auto accidents and needed legal representation;
Defendant referred the clients to doctors for treatment and then negotiated settlements with the insurance companies, using the proceeds of the settlements to pay the cappers;
When the case settled, Defendants deducted the full medical bills from the gross settlement, took their fee and embezzled the difference; and
Defendants took more than the amount specified in the Retainer Agreement and defrauded the doctors and clients.
FBI agents posed as cappers and supposed victims of auto accidents. Each case was settled by Defendant and the proceeds disbursed to the chiropractor, the agent posing as the client, and the agent posing as the capper. (Pretrial Diversion Report at 2, Opp’n, Ex. C.) On November 6, 1998, the government and Defendant stipulated to refer the case to the pretrial service office for consideration of Defendant’s eligibility for pretrial diversion (the “Diversion Stipulation”). Paragraph 5 of the Diversion Stipulation provides “Defendants represent, through their counsel, that defendants are willing to accept responsibility for their conduct in this matter.” (Diversion Stipulation at 2-3, Opp’n, Ex. B.) Pursuant to the Diversion Stipulation, Defendant was interviewed by a United States Pretrial Services Officer. In connection with his interview, Defendant signed the following statement:
I acknowledge that I gave a gratuity to a paralegal for a referral of personal injury matters and take full responsibility for my actions. I will cooperate fully with the Pretrial Services Office while under Supervision. (Pretrial Diversion Report at 3, Opp’n, Ex. C.)
Based on Pretrial Services’ determination of his suitability for diversion, Defendant and the government entered into an agreement for pretrial diversion (the “Diversion Agreement”) on March 24, 1999, in which Defendant accepted responsibility for his acts, agreed to repay the government for the loss it suffered as a result of his offense and agree
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