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Court Error – Abuse of Discretion

By: Derek Hawkins//October 31, 2017//

Court Error – Abuse of Discretion

By: Derek Hawkins//October 31, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. Hakeem El-Bey

Case No.: 15-3180

Officials: WOOD, Chief Judge, and MANION and WILLIAMS, Circuit Judges.

Focus: Court Error – Abuse of Discretion

Hakeem El-Bey filed six tax returns with the Internal Revenue Service seeking $1.8 million in tax refunds to which he was not entitled. He received $600,000 from the IRS as a result of two of the returns, which he used to purchase a house and numerous cars. El-Bey represented himself on charges of mail fraud and making false claims to the IRS. He advanced irrelevant arguments, interrupted the judge, and made it challenging to manage the trial. On appeal, El-Bey seeks a new trial. Although the district court was understandably frustrated by a difficult litigant, El-Bey had a right to a fair trial, and we cannot be assured that he received one. Statements by the court in the presence of the jury conveyed that El-Bey was guilty or dishonest and impaired El-Bey’s credibility in the eyes of the jury. We remand the case for a new trial.

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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