US v. David Minkkinen
Split Score
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Case Summary
Disposition
Reversed
The Fourth Circuit reversed the district court’s dismissal of ten counts against former Deloitte employees accused of trade-secret theft and fraud. The panel held that although the six-year pre-indictment delay may have prejudiced the defendants, it resulted from a good-faith, complex investigation and therefore did not violate the Fifth Amendment Due Process Clause.
Circuit Split Identified
Legal Issue
Whether a defendant alleging unconstitutional pre-indictment delay must prove that the Government intentionally delayed the indictment to gain a tactical advantage (bad-faith/intent requirement).
Circuit Positions
No intent/bad-faith requirement – defendant need only show actual, substantial prejudice; court then balances against the Government’s reasons.
Defendant must show the Government intentionally delayed the indictment to obtain a tactical advantage or acted in bad faith, in addition to showing prejudice.
Conflict Summary
The Fourth Circuit holds that a defendant need not show that the Government intentionally or in bad faith delayed the indictment; actual, substantial prejudice alone satisfies the first prong before the court balances the Government’s reasons. By contrast, the First Circuit (and "most circuits," according to the opinion) require the defendant to prove that the Government intentionally delayed the indictment for tactical advantage or other bad-faith motives in addition to showing prejudice.