Former Duke Prosecutor Files Bankruptcy
By: Ellery Joyce
For most Americans, bankruptcy filings are the result of some unexpected event that seriously impacts their finances - divorce, loss of job, serious illness or something of that nature. But sometimes, people have to file bankruptcy for other reasons.
Mike Nifong, former district attorney in Durham County, North Carolina, is one of those people. According to reports from the Associated Press, Nifong has filed for bankruptcy in an effort to protect his assets from two pending lawsuits against him, which reportedly total about $180 million.
If the name Nifong sounds familiar, it's probably because he was the head prosecutor in the Duke Lacrosse Case of 2006. He spearheaded the investigation and prosecution in March 2006 of rape charges against several players on the team, and was disgraced when the charges proved false and the case turned out to be a sham.
Now Nifong is evidently facing the aftermath of the allegations he made against the players.
The lawyers representing the three lacrosse players who were accused in the original case have allegedly called the trial "one of the most chilling episodes of premeditated police, prosecutorial and scientific misconduct in modern American history," and they're taking action.
Lawsuits have been filed against Nifong, the city of Durham, police investigators and others involved with the original criminal case. Most of the defendants (such as the city of Durham and a DNA lab where crucial evidence was gathered) have reportedly applied for immunity from the charges.
Apparently, most of the defendants believe that Nifong is the only truly guilty party, as his actions dictated what the rest of the involved parties decided to do.
Besides the $180 million he could owe from the pending lawsuits, sources indicate that Nifong has about $300,000 of other debt, including fees from his disbarment trial last summer.
If Nifong's bankruptcy filing is accepted, he will likely be protected from lawsuits by the automatic stay provision of bankruptcy, which gives most filers immunity from collection action, including repossession, garnishment and lawsuits.
In his bankruptcy petition, Nifong apparently reported $243,898 in assets of real and personal property.
The players suing Nifong and the other defendants mentioned are seeking $30 million each in damages, some for the complications associated with being accused of rape, some for general emotional distress from the significant backlash the rape trial had on Duke's lacrosse team during their 2006 season.
