Gregg Costa

Likely Costa's highest-profile prosecution in his six years as a federal prosecutor was the case against convicted Ponzi schemer Allen Stanford, who was indicted in 2009. In January 2011, Stanford's legal team requested a delay of the start of his scheduled January 24, 2011, trial, noting that they had only taken over his defense in October 2010. Costa told the judge presiding over the trial that while he did not object to some delay in the trial, "the requested continuance of two years is excessive."[4] In February 2011, Stanford sued Costa and his fellow prosecutor Paul Pelletier, along with several employees of the Securities and Exchange Commission and the Federal Bureau of Investigation, complaining of "abusive law enforcement" and seeking $7.2 billion in damages.[5] In March 2011, Stanford's attorneys argued that the defendant's right to a speedy trial had been violated. Costa, however, told the Associated Press that delays largely were the result of Stanford's own requests for continuances.[6] In March 2012, Stanford was found guilty on 13 of 14 counts including fraud, obstructing investigators and conspiracy to commit money laundering.[7]

In July 2011, Texas's two Republican senators, John Cornyn and Kay Bailey Hutchison, sent a letter to President Barack Obama,[8] recommending that he nominate Costa to the vacant seat on the United States District Court for the Southern District of Texas that had been created when Judge John David Rainey took senior status in June 2010. The seat would be based in the Galveston Division.[8][9] The anticipated nomination earned bipartisan support, as Democratic United States Representative Lloyd Doggett, who serves as the spokesman for Texas Democrats on federal judicial matters, urged the president to nominate Costa as well.[8] On September 8, 2011, President Obama nominated Costa to the seat on the U.S. District Court for the Southern District of Texas.[3] He received a hearing by the Senate Judiciary Committee on November 2, 2011, and his nomination was reported to the floor on December 1, 2011. Costa's nomination was approved by the U.S. Senate on April 26, 2012, by a 97–2 vote.[10] He received his commission the same day.[2] His service as a district court judge was terminated on June 2, 2014, when he was elevated to the court of appeals.[2]

On December 19, 2013, President Obama nominated Judge Costa to a seat on the U.S. Court of Appeals for the Fifth Circuit vacated by Fortunato Benavides, who assumed senior status on February 3, 2012.[11] He received a hearing before the U.S. Senate Judiciary Committee on February 25, 2014.[12] On March 27, 2014, Costa's nomination was reported out of committee by a voice vote.[13] On May 13, 2014, Senate Majority Leader Harry Reid filed for cloture on Costa's nomination. On May 15, 2014, the United States Senate invoked cloture on his nomination by a 58–36 vote.[14] On May 20, 2014, he was confirmed by a 97–0 vote.[15] He received his commission on June 2, 2014.[2] In January 2022, Costa announced he would be resigning from the 5th Circuit Court in August 2022.[16] Costa resigned on August 31, 2022.[2]