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Marcum LLP v. United States

United States Court of Appeals, Federal Circuit

June 13, 2014

MARCUM LLP, Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee

Appeal from the United States Court of Federal Claims in No. 13-CV-0189, Judge Marian Blank Horn.

AFFIRMED.

ANDREW S. ITTLEMAN, Fuerst Ittleman David & Joseph, PL, of Miami, Florida, argued for plaintiff-appellant. With him on the brief were MITCHELL S. FUERST and JOSEPH A. DIRUZZO, III.

JAMES SWEET, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were STUART F. DELERY, Assistant Attorney General, BRYANT G. SNEE, Acting Director, and REGINALD T. BLADES, JR., Assistant Director.

Before RADER,[*] DYK, and O'MALLEY, Circuit Judges.

OPINION

Page 1381

Rader, Circuit Judge

The United States Court of Federal Claims dismissed Marcum LLP's (Marcum) Fifth Amendment takings claim for lack of subject matter jurisdiction. Marcum LLP v. United States, 112 Fed. Cl. 167, 179 (Fed. Cl. 2013). The claim seeks compensation for unpaid legal fees incurred for work rendered as a court-appointed legal services provider pursuant to the Criminal Justice Act (CJA). Because the CJA provides its own remedial scheme, Marcum cannot collaterally attack the Fifth Circuit's determination of Marcum's fee awards under the Tucker Act. Accordingly, this court affirms.

I.

This case arises from the United States' criminal prosecution of Allan R. Stanford. In June 2009, the Securities and Exchange Commission indicted Stanford for operating a multi-billion dollar Ponzi scheme. J.A. 19. After indictment, the United States seized most of his personal and business assets rendering him an indigent defendant.

Under the CJA, counsel for an indigent defendant may request expert services necessary for adequate representation. 18 U.S.C. § 3006A(e)(1). The court or magistrate

Page 1382

judge " shall" authorize those services upon a finding of sufficient need. Id. Stanford's court-appointed counsel obtained authorization for legal services under § 3006A(e)(1) from the district court. J.A. 20. Stanford's counsel then employed Marcum for forensic accounting and litigation support services. Id. at 19-20. Marcum submitted an estimated budget of $4.5 million to the district court for approval before rendering any services. Id. at 21. The district court approved the initial budget, but Marcum did not obtain approval from the Chief Judge of the U.S. Court of Appeals for the Fifth Circuit. Id.

The CJA requires that expenses exceeding $2,400 be certified by the district court and approved by the chief judge of the regional circuit. 18 U.S.C. § 3006A(e)(3). Marcum's work far exceeded that amount. Consequently, Marcum submitted monthly vouchers for work performed. It first submitted vouchers for certification for the work it performed in June, July, and August 2011. Marcum received full payment for those vouchers in October 2011. J.A. 22. Marcum then submitted vouchers for work performed in September, October, and November 2011 totaling $845,588.48. Id. The district court, however, certified only the September and ...


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