United States v. Hayes
U.S. District Court, Eastern District of California · E.D. Cal. · California bar guidance
Verified May 1, 2026
- Citation
- United States v. Hayes, No. 2:24-cr-00280-DJC (E.D. Cal. Jan. 17, 2025) (Kim, Mag. J.)
- Decided
- January 17, 2025
Summary
Assistant Federal Defender Andrew Francisco, representing defendant Daragh Finbar Hayes, filed a November 21, 2024 motion to unseal that cited a nonexistent decision, "United States v. Harris, 761 F. Supp. 409, 414 (D.D.C. 1991)," accompanied by a fabricated quotation about legislative history. Magistrate Judge Chi Soo Kim issued an order to show cause on December 16, 2024. At the resulting hearing, Francisco declined to concede that the citation was fictitious and instead suggested the quotation might trace to a different opinion, persisting in that position after being shown the actual text of the cases he named. Francisco denied using a generative AI tool, and the order does not identify one.
- AI tool:
- Unspecified generative AI
- Sanction amount:
- $1,500
What sanction did the court impose?
Magistrate Judge Kim imposed a $1,500 monetary sanction payable to the Clerk of Court within 21 days, accompanied by a written reprimand. The Clerk was ordered to serve the decision on the State Bar of California, the District of Columbia Bar (referencing Francisco's DC Bar No. 1619332), and on all district and magistrate judges of the Eastern District of California.
Why does United States v. Hayes matter for law firms using AI?
Hayes is the first sanctions order in this tracker against a Federal Public Defender, extending the documented hallucination problem beyond civil practice and private criminal defense into federal indigent-defense work. For managing partners, the notable feature is the court’s response to the attorney’s refusal to concede the fabrication when confronted: the order escalated from a routine show-cause to dual-bar referrals and circulation to every district and magistrate judge in the district, a reputational consequence well beyond the $1,500 fee.