Attorney Fee Forfeiture (From White-Collar Crime: Fifth Survey of Law, P 1107-1119, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

• NCJ Number: 120583
• Journal: American Criminal Law Review Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 1107-1119
• Author(s): F S Tehrani
• Date Published: 1989
• Length: 13 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines whether provisions in the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Continuing Criminal Enterprise Statute (CCE), as amended by the Comprehensive Forfeiture Act of 1984, authorize criminal forfeiture of assets transferred to an attorney in exchange for bona fide legal services and, if so, if the amended statutes interfere with a defendant's sixth amendment right to counsel.

Abstract

The legislative history of the amended statutes is examined in detail, along with relevant case law in which the Supreme Court concluded that Congress purposely omitted an exemption for attorneys' fees in the RICO and CCE forfeiture provisions. The constitutional implications of fee forfeiture and the right to counsel are discussed in detail. While prosecutors applaud forbidding the use of illicit assets for a defendant's legal fees, defense attorneys argue that the Court's decision undermines the sixth amendment rights of defendants and prevents the adversarial system from functioning properly. 100 footnotes.