Businessman George Wilson, who had his 20-year jail term vacated, has sued the United States Government for thousands of dollars in legal fees.
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.
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.
He was convicted of conspiracy to commit money laundering, mail fraud, and engaging in monetary transactions involving property derived from specified unlawful activity.
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.
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.
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.
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.
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.
“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.”
Elements of Mr Wilson’s claim are as follows:
* The prosecution was a criminal case commenced in fiscal year 1998
* He did not have an attorney paid by public funds.
* He was the prevailing party, his judgment and sentence was vacated by the Fifth Circuit Court of Appeals.
* He has a net worth substantially less than two million dollars.
* There are no “special circumstances” to render the award of attorney’s fees and expenses of litigation unjust in this case.
* The amount of attorney’s fees and expenses of litigation are reasonable under the circumstances of this case.
* 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.
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.
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.
By LINDSAY THOMPSON Guardian Business Editor lindsay@nasguard.com
