NCJ Number
108201
Journal
New York University Law Review Volume: 61 Issue: 1 Dated: (April 1986) Pages: 124-152
Date Published
1986
Length
19 pages
Annotation
The forfeiture amendments to the Racketeer Influenced and Corrupt Organizations Act (RICO) raise two difficult questions: whether fees paid to an attorney are included in the assets forfeitable in the hands of third parties, and whether preindictment restraining orders can prevent defendants from transferring their assets in the form of attorney's fees.
Abstract
This article examines the RICO forfeiture provisions and their legislative history and offers interpretations of both the language of the statute and congressional intent. The conflict among various courts' interpretations of the provisions are examined, and it is argued that attorney's fees should not be forfeitable unless the attorney knew them to be the fruit of crime. The sixth amendment rights that would be implicated if attorney's fees were forfeitable are examined with a focus on the right to counsel of choice, the right to effective assistance of counsel, and the rights of attorney-client privilege and conflict-free representation. It is argued that forfeiture of attorney's fees interferes with the right to fair trial by stripping defendants of the competent counsel they could otherwise afford. Exclusion of attorney's fees from forfeiture would achieve the statutory purpose of combating organized crime while preserving defendants' constitutional rights. 153 footnotes.