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Incident 1447: Sixth Circuit Sanctioned Lawyers in Whiting v. City of Athens over Alleged Fake Appellate Citations in Briefs Reportedly Bearing Hallmarks of Hallucinations
“US appeals court fines lawyers $30,000 in latest AI-related sanction”Dernier rapport
March 16 (Reuters) - An appeal containing fake case citations that misrepresent the law can be dismissed as frivolous, a U.S. federal appeals court panel said in a decision sanctioning two attorneys who submitted filings that bore hallmarks of artificial intelligence "hallucinations."
The Cincinnati-based 6th U.S. Circuit Court of Appeals said in its order, opens new tab on Friday that attorneys Van Irion and Russ Egli "sullied the reputation of our bar, which now must litigate under the cloud of their conduct."
The court said it found more than two dozen fake citations and misrepresentations of fact in the appeal, which involved an incident at a fireworks show hosted by the city of Athens, Tennessee.
The appeals court in a prior order in the case asked the attorneys how they vetted their briefs for accuracy and whether they used generative AI to write the filings. The attorneys did not answer the court's questions about AI, and instead challenged the lawfulness of the order.
The two attorneys must reimburse Athens for its legal work on the appeal, and also must individually pay $15,000 each to the appeals court as a punitive sanction, according to the order.
Egli and Irion in a statement on Tuesday said they "categorically" deny the court's allegations of citing fake cases, and also contend they were denied a meaningful chance to respond to the panel's questions.
"We are pursuing all available legal remedies to challenge this procedurally deficient order and defend the integrity of the judicial process," the lawyers' statement said. Irion told Reuters that "the Circuit Court is ignoring its own rules, and clerks are signing substantive orders without authorization."
Athens Mayor Larry Eaton in a statement on Monday said the appeals court in a related order upheld the dismissal of several lawsuits against the city over the 2022 fireworks event. Eaton called the decision "reassuring."
The sanctions decision comes as more courts grapple with fake case citations and other errors attributable to generative artificial intelligence platforms, which sometimes fabricate information. Lawyers are not prohibited from using AI tools but are bound to safeguard the accuracy of their submissions, and dozens of attorneys have been sanctioned in recent years for submitting AI-generated material that they failed to vet.
Irion and Egli had contested, opens new tab the appeals court's demand for details about how they prepared their filings partly on the grounds that doing so would violate protections for attorneys' work-product and communications with clients.
The 6th Circuit panel, Circuit Judges John Bush, Jane Branstetter Stranch and Eric Murphy, said "whether and how the briefs were cite-checked does not implicate conversations regarding legal advice."
"Most litigants caught submitting fake cases have apologized and sought forgiveness, rightly recognizing the seriousness of their misconduct," Bush wrote for the panel.
The judges said by contrast "Irion and Egli scolded this court and accused it of engaging in a vast conspiracy to harass them."
The case is Whiting v. City of Athens, 6th U.S. Circuit Court of Appeals, No. 25-5424.
Incident 1448: Ohio Man Pleaded Guilty after Prosecutors Alleged He Used AI to Create and Distribute Nonconsensual Intimate-Image Forgeries Including CSAM in Harassment Campaign
“Ohio man becomes first to be convicted under new AI statute for sexually explicit images”
An Ohio man pleaded guilty on Tuesday to cybercrimes involving real and AI-generated "sexually explicit images", becoming what the Department of Justice claims is the first person convicted under a new federal AI statute.
James Strahler II, 37, admitted to cyberstalking, producing obscene visual representations of child sexual abuse, and publication of digital forgeries. The last charge relates to the Take It Down Act, which "prohibits non-consensual online publication of intimate visual depictions and AI forgeries".
"We believe Strahler is the first person in the United States to be convicted under the Take It Down Act," Dominick Gerace II, US attorney for the southern district of Ohio, said. "We will not tolerate the abhorrent practice of posting and publicizing AI-generated intimate images of real individuals without consent."
"We are committed to using every tool at our disposal to hold accountable offenders like Strahler, who seek to intimidate and harass others by creating and circulating this disturbing content."
Donald Trump signed the Take It Down Act into law last May. Melania Trump, the first lady, lobbied lawmakers to pass the legislation and symbolically signed it.
The law prohibits anyone from "knowingly" publishing or threatening to publish intimate images, including AI-made "deepfake" images, without consent. Social media companies and websites must remove violating content within 48 hours following a victim's request.
Prosecutors said Strahler sent harassing messages to at least six adult females, including both real and AI-created nude images of them, from December 2025 to June 2025.
Strahler purportedly used AI to make pornographic videos showing at least one adult victim engaging in sexual activity with her father and "distributed those videos to the victim's co-workers".
Strahler, according to prosecutors, sent messages to the mothers of these women and demanded nude pictures of them, "threatening to circulate explicit or obscene images he created of their daughters if they did not comply".
"He often called the victims and left voicemails of him masturbating or threatening rape," prosecutors said.
Prosecutors also said Strahler published AI-generated obscene material involving children, "using the faces of minor boys from his community".
He would then purportedly put the minors' faces on to the bodies of adults or other children and make obscene videos with AI. In total, prosecutors said, Strahler created "more than 700 images of both real victims and animated persons and posted them to a website dedicated to child sexual abuse".
Strahler's lawyer did not immediately respond to a request for comment.