kaley et vir argued october decided february title empowers courts enter restraining orders preserve availability forfeitable property criminal proceedings pending asset restraints constitutionally permissible whenever probable cause exists think defendant committed offense permitting forfeiture assets dispute traceable otherwise sufficiently related crime charged monsanto grand jury indicted petitioners kerri brian kaley reselling stolen medical devices laundering proceeds government obtained restraining order assets kaleys moved vacate order intending use portion disputed assets legal fees district allowed challenge assets traceability offenses question facts supporting underlying indictment eleventh circuit affirmed held challenging legality asset seizure criminal defendant indicted constitutionally entitled contest grand jury determination probable cause believe defendant committed crimes charged pp monsanto held government may seize assets trial defendant intends use pay attorney long probable cause exists believe property ultimately proved forfeitable question whether indicted defendants like kaleys constitutionally entitled judicial grand jury probable cause conclusion hearing lift asset restraint ready answer fundamental historic commitment criminal justice system entrust probable cause findings grand jury probable cause finding sufficient initiate prosecution serious crime conclusive gerstein pugh general matter challenge reliability competence evidence supporting finding heard williams grand jury probable cause finding may effect restraint person liberty gerstein result follows works restrain defendant property kaleys alternative rule strange destructive consequences allowing judge decide anew grand jury already determined result two inconsistent findings governing different aspects one criminal proceeding judge found probable cause lacking presiding trial premised existence legal dissonance undermine criminal justice system integrity especially grand jury constitutional role pp balancing test mathews eldridge requires weigh burdens requested procedure impose government private interest stake viewed alongside risk erroneous deprivation interest without procedure probable value additional procedural safeguar applicable tips kaleys government interest freezing potentially forfeitable assets without adversarial hearing probable cause underlying criminal charges kaleys interest retaining counsel choosing substantial test third prong critical boils probable value judicial hearing uncovering mistaken grand jury probable cause findings legal standard merely probable cause grand jury already made finding hearing provide little benefit see florida harris finding probable cause think person committed crime made reliably without adversary hearing gerstein value requiring additional formalities safeguards cases slight experience several circuits corroborates view neither kaleys amici point single case two decades courts holding hearings kind seek found absence probable cause believe indicted defendant committed crime charged pp affirmed remanded kagan delivered opinion scalia kennedy thomas ginsburg alito joined roberts filed dissenting opinion breyer sotomayor joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press kerri kaley et vir petitioners writ certiorari appeals eleventh circuit february justice kagan delivered opinion federal statute authorizes freeze indicted defendant assets prior trial subject forfeiture upon conviction monsanto approved constitutionality order long based finding probable cause believe property ultimately proved forfeitable held standard apply even defendant seeks use disputed property pay lawyer case two indicted defendants wishing hire attorney challenged restraint property trial convened hearing consider seizure legality monsanto question presented whether criminal defendants constitutionally entitled hearing contest grand jury prior determination probable cause believe committed crimes charged hold right relitigate finding criminal forfeitures imposed upon conviction confiscate assets used gained certain serious crimes see forfeitures help ensure crime pay punish wrongdoing deter future illegality lessen economic power criminal enterprises caplin drysdale chartered see forfeiture provisions powerful weapons war crime government also uses forfeited property recompense victims crime improve conditions communities support law enforcement activities like police training see accordingly strong governmental interest obtaining full recovery forfeitable assets line interest empowers courts enter restraining orders injunctions preserve availability forfeitable property criminal proceedings pending order issued pon application prevents defendant spending transferring specified property including pay attorney legal services ibid monsanto principal case involving procedure held asset restraint constitutionally permissible whenever probable cause believe property forfeitable see determination two parts reflecting requirements forfeiture federal law must probable cause think defendant committed offense permitting forfeiture property issue requisite connection crime see monsanto however declined consider whether due process clause requires hearing establish either aspects forfeitability since monsanto lower courts generally provided hearing indicted defendant seeking lift asset restraint pay lawyer hearing uniformly allowed defendant litigate second issue stated whether probable cause exists believe assets dispute traceable otherwise sufficiently related crime charged courts divided extending hearing first issue considered others barred defendant attempt challenge probable cause underlying criminal case raises question whether indicted defendant constitutional right contest grand jury prior determination matter grand jury indictment case charges scheme steal prescription medical devices resell profit indictment accused petitioner kerri kaley sales representative subsidiary johnson johnson petitioner brian kaley husband transporting stolen medical devices across state lines laundering proceeds kaleys contested allegations throughout litigation arguing medical devices issue unwanted excess hospital inventory lawfully take market others immediately obtaining indictment government sought restraining order prevent kaleys transferring assets traceable involved alleged offenses included among assets certificate deposit kaleys intended use legal fees district entered requested order later response kaleys motion vacate asset restraint denied request evidentiary hearing confirmed order except found based parties written submissions connected alleged offenses interlocutory appeal eleventh circuit reversed remanded consideration whether kind evidentiary hearing warranted see district concluded hold hearing whether restrained assets traceable involved alleged criminal conduct app pet cert kaleys informed longer disputed issue wished show case see app contesting assets restrained traceable conduct quarrel whether conduct constitutes crime accordingly district affirmed restraining order kaleys took another appeal eleventh circuit time affirmed holding kaleys entitled hearing asset freeze challenge factual foundation supporting grand jury probable cause determination validity underlying indictment granted certiorari light circuit split question presented affirm eleventh circuit ii twice considered claims similar kaleys fifth amendment right due process sixth amendment right counsel constrain way federal forfeiture statute applies assets needed retain attorney see caplin drysdale monsanto begin rulings mere background something much single day decided cases cast die one caplin drysdale considered whether fifth sixth amendments exempt forfeiture money convicted defendant agreed pay attorney see conceded factual premise constitutional claim made case sometimes defendant unable retain attorney choice use forfeitable assets still held defendant claim untenable defendant sixth amendment right spend another person money legal fees even way hire preferred lawyer ibid consider submitted example robbery suspect wishes use funds stolen bank retain attorney defend apprehended ibid money rightfully ibid accordingly concluded government violate constitution pursuant forfeiture statute seizes robbery proceeds refuses permit defendant use pay lawyer ibid confirmed monsanto robbery suspect hypothetical indicated even prior conviction trial presumption innocence still applies government constitutionally use freeze assets indicted defendant based finding probable cause believe property ultimately proved forfeitable monsanto defendant wanted use property issue pay lawyer maintained fifth sixth amendments entitled disagreed first noted government may sometimes restrain persons finding probable cause believe accused committed serious offense given power find constitutional infirmity authorization similar restraint defendant property order protect community interest recovering gains defendant interest retaining lawyer disputed assets change equation relying caplin drysdale reasoned government may forbid use forfeited assets pay attorney surely constitutional violation occurs probable cause adequately established government obtains order barring defendant frustrating end dissipating assets prior trial ibid probable cause freeze valid kaleys little dispute proposition argument instead last word probable cause grand jury already found probable cause think kaleys committed offenses charged indictment issued one doubts crimes serious enough trigger forfeiture similarly one contests assets question derive used committing offenses see supra question whether kaleys constitutionally entitled judicial conclusion grand jury already reached probable cause supports criminal prosecution alternatively put prosecution baseless kaleys believe supra question think ready answer fundamental historic commitment criminal justice system entrust probable cause findings grand juries often recognized grand jury singular role finding probable cause necessary initiate prosecution serious crime see costello indictment upon face returned constituted grand jury explained conclusively determines existence probable cause believe defendant perpetrated offense alleged gerstein pugh quoting ex parte conclusively meant case case found authority looking revising judgment grand jury upon evidence purpose determining whether finding founded upon sufficient proof costello quoting reed cas cc ndny nelson contrary whole history grand jury institution demonstrates challenge reliability competence evidence supporting grand jury finding probable cause heard williams quoting costello bank nova scotia grand jury gets say without review oversight whether probable cause exists think person committed crime inviolable grand jury finding decided may commence criminal proceeding economic reputational personal harm entails determination may also serve purpose immediately depriving accused freedom person charged yet custody indictment triggers issuance arrest warrant without inquiry case strength gerstein see kalina fletcher alternatively person arrested without warrant indictment eliminates fourth amendment right prompt judicial assessment probable cause support detention see gerstein either situation relying grand jury historical role protecting individuals unjust persecution let body judgment substitute neutral detached magistrate ibid grand jury may effect restraint person liberty finding probable cause support criminal result follows infringement defendant property depends showing probable cause committed crime judicial review grand jury probable cause determination warranted often held put defendant trial place custody neither needed freeze property grand jury good enough reliable enough protective enough inflict grave consequences probable cause findings must needs adequate impose one indeed monsanto already noted absence reason hold property seizures different rules described earlier partly based adoption probable cause standard incongruity subjecting asset freeze stricter requirements apply arrest ensuing detention see supra odd conclude government may restrain property showing often sufficient restrain persons similar token probable cause standard selected work differently single purpose freezing assets longstanding unvarying rule criminal procedure described applies well grand jury determination conclusive indeed alternative rule kaleys seek strange destructive consequences kaleys demand except different referee wish judge decide anew exact question grand jury already answered whether probable cause think kaleys committed crimes charged suppose judge performed task came opposite conclusion two inconsistent findings govern different aspects one criminal proceeding probable cause exist bring kaleys trial otherwise appropriate hold prison restrain property assuming prosecutor continued press judge found probable cause lacking preside trial premised presence legal dissonance sustainable undermine criminal justice system integrity especially grand jury integral constitutionally prescribed role new world every prosecution involving asset freeze potentially pit judge grand jury case foundational kaleys counter dissent post apparently inconsistent findings really prosecutor presented scantier evidence judge previously offered grand jury suppose example judicial hearing prosecutor put one witness instead five kaleys maintain judge decision probable cause mean government satisfy burden one day time tr oral arg see reply brief think hypothetical solves problem initial matter foreclose different fact pattern judge hear exact evidence grand jury yet respond differently thus rendering even kaleys must concede contradictory finding kaleys hypothetical true show consider prosecutor example left home witnesses took grand jury presumably later discuss yet wish reveal identities likely testimony see infra judge ruling probable cause therefore mean grand jury wrong kaleys concede grand jury heard enough evidence find probable cause committed crimes charged kaleys win later hearing despite case true merits see still less reason judge topple grand jury better supported finding probable reasoning far straightforward held monsanto probable cause standard governs seizure forfeitable assets even needed hire lawyer repeatedly affirmed corollary standard defendant right judicial review grand jury determination probable cause think defendant committed crime combination settled propositions signal defeat kaleys contesting seizure property seek relitigate grand jury finding iii kaleys us undertake different analysis contend lead different conclusion urge us apply balancing test mathews eldridge assess whether received constitutionally sufficient opportunity challenge seizure assets see brief petitioners test reordered expositional purposes must weigh burdens requested procedure impose government private interest stake viewed alongside risk erroneous deprivation interest without procedure probable value additional procedural safeguard mathews stressing importance interest retaining chosen counsel kaleys argue mathews balance tilts hard favor thus overrides kaleys claim previously held finality grand jury findings entitling evidentiary hearing judge contest probable cause underlying indictment government battles kaleys whether mathews application case devised test government notes administrative setting decide whether social security recipient entitled hearing benefits terminated although since employed approach contexts government reads medina california foreclosing use case held mathews balancing test provide appropriate framework assessing validity state procedural rules part criminal process reasoning bill rights speaks explicit terms many aspects criminal procedure due process clause limited operation field settles asserts government see brief kaleys argue medina addressed state procedural rule relied federalism principles implicated claim medina concerned criminal proceeding proper collateral action seizing property see reply brief sort action kaleys contend mathews govern decline address arguments define respective reach mathews medina need even mathews applied even balancing inquiry capable trumping repeated admonitions grand jury word conclusive kaleys still entitled hearing seek mathews test tips reinforces already said explain problem kaleys comes mathews prescribed inquiry requested procedure usefulness correcting erroneous deprivations private interest light monsanto holding seizure kaleys property erroneous unsupported probable cause added procedure demanded sufficiently likely make difference begin mathews analysis government substantial interest freezing potentially forfeitable assets without evidentiary hearing probable cause underlying criminal charges least adversarial proceeding think maybe consume significant prosecutorial time resources hearing presumably rehearse case merits including government theory supporting evidence government also might litigate range ancillary questions relating conduct hearing example kaleys subpoena witnesses exclude certain evidence still seriously requiring proceeding kind undermine government ability either obtain conviction preserve forfeitable property ensure favorable result hearing government choose disclose witnesses evidence give defendant knowledge government case strategy well rules criminal procedure principles due process see brady maryland otherwise require see fed rules crim proc weatherford bursey general constitutional right discovery criminal case sometimes particularly organized crime drug trafficking prosecutions forfeiture questions often arise sneak preview might aid defendant preparations also facilitate witness tampering jeopardize witness safety alternatively ensure success prosecution government hold back evidence hearing give seizure entirely government took tack diminish likelihood ultimately recovering stolen assets public defense counsel worth salt whatever merits case put prosecutor choice protect forfeiture providing discovery protect conviction surrendering assets small wonder government wants avoid dilemma part however defendants like kaleys vital interest stake constitutional right retain counsel choosing see wheat describing scope various limits right recently described right separate apart guarantee effective representation root meaning sixth amendment cf powell alabama hardly necessary say right counsel conceded defendant afforded fair opportunity secure counsel choice indeed held wrongful deprivation choice counsel structural error immune review harmlessness pervades entire trial different lawyers kinds things differently sometimes affect ing whether terms defendant plea bargains decides instead go trial latter possibly affecting whether gets convicted sentence receives ibid defendants like kaleys ability retain counsel believe best might fact superior existing alternatives matters profoundly yet monsanto held crucially last part mathews analysis asset freeze depriving defendant interest erroneous unsupported finding probable cause recall monsanto considered case like one defendant wanted use property pay preferred lawyer urged hold government seize assets needed purpose conviction instead decided government act probable cause assets forfeitable adequately established means case like one assets connection allegedly illegal conduct dispute see supra seizure wrongful probable cause believe defendants committed crimes charged put point differently freeze erroneous notwithstanding weighty burden imposes defendants ability hire chosen lawyer grand jury never issued indictment mathews test remaining prong critical governmental private interests weight thus boils probable value judicial hearing uncovering mistaken grand jury findings probable cause kaleys dissent contend proceedings serve important remedial function grand juries hear presentation evidence brief petitioners see post argument rests generally sound premise adversarial process leads better accurate context legal standard merely probable cause grand jury already made finding precedents courts experience indicate hearing provide little benefit repeatedly declined require use adversarial procedures make probable cause determinations probable cause often told litigants high bar requires kind probability prudent people legal technicians act florida harris slip quoting illinois gates see gerstein contrasting probable cause preponderance standards grand jury finding probable cause think person committed crime made reliably without adversary hearing always thought sufficient hear prosecutor side williams example held confrontation witnesses unnecessary grand jury proceeding gerstein similarly declined require presentation exculpatory evidence see williams allowed introduction hearsay alone see costello occasion relied reasoning stemming recognition probable cause served gateway function given relatively undemanding nature determination value requiring additional formalities safeguards cases slight gerstein come differently probable cause determinations kaleys contest simply underlying charges indictment doubt kaleys seek poke holes evidence government offered grand jury support allegations doubt kaleys present evidence might cast government different light presumably kaleys try two ways show steal instead lawfully obtained medical devices later resold see supra criminal justice system course relies contestation trial question becomes whether defendant guilty beyond peradventure held adversarial process far less useful threshold finding probable cause determines whether adequate grounds exist proceed trial reach question probable cause decision nature hard undermine still harder reverse likelihood judge holding evidentiary hearing repudiate grand jury decision strikes us slight support constitutional requirement gerstein evidence courts corroborates view past two decades courts several circuits routinely held kind hearing kaleys seek see supra yet neither kaleys amici mostly lawyers associations found single case judge found absence probable cause believe indicted defendant committed crime charged one amicus cites reported cases involving hearings asset freezes see brief new york council defense lawyers defendant lost outright last involved defendant grand jury finding district ruling reversed appeal see tr oral arg sure kind selection bias might affect statistics perhaps prosecutor weak case choose abandon asset freeze rather face difficult hearing see kaleys amici also failed offer anecdotes kind suspect far common reason prosecutor relinquishes freeze avoid premature discovery see supra experience far anyone discerned cuts kaleys confirms even mathews right revisit grand jury iv decided monsanto effectively resolved case question forfeiture case whether probable cause think defendant committed crime alleged answer whatever grand jury decides even test proposition applying mathews arrive place considering findings probable cause never thought value enhanced evidentiary procedures worth costs congress course may strike balance give defendants like kaleys kind hearing want indeed congress disapprove monsanto hold seizures property higher standard probable cause due process clause even combined defendant sixth amendment interests command results accordingly kaleys challenge grand jury conclusion probable cause supports charges grand jury gets final word therefore affirm judgment eleventh circuit remand case proceedings consistent opinion ordered roberts dissenting kerri kaley et vir petitioners writ certiorari appeals eleventh circuit february chief justice roberts justice breyer justice sotomayor join dissenting individual facing serious criminal charges brought little constitution attorney standing prison might readily give owns defend held however government may effectively remove defendant primary weapon defense attorney selects trusts freezing assets needs pay lawyer ruling issue today goes holding defendant may hobbled way without opportunity challenge government decision freeze needed assets subscribe holding respectfully dissent facts case important highlight significance defendant able hire counsel choice potential unfairness inherent giving prosecutor discretion take right away kerri kaley worked sales representative johnson johnson subsidiary selling prescription medical devices kaley sales representatives occasionally obtained outmoded surplus devices staff members medical facilities served example devices longer needed superseded newer models kaley sold unwanted devices florida company dividing proceeds among sales representatives kaley learned january federal grand jury investigating activities conspiracy sell stolen prescription medical devices kaley husband allegedly helped ship products florida retained counsel immediately set work preparing defense impending charges counsel regularly discussed investigation kaleys helped review documents demanded grand jury met prosecutors attempt ward indictment nonetheless preparing worst kaleys applied equity line credit home pay estimated legal fees associated trial used money purchase certificate deposit set aside needed pay attorneys trial february grand jury returned indictment charging kaleys another sales representative jennifer gruenstrass violations federal law indictment alleged money judgment million certificate deposit subject forfeiture assets constituted proceeds alleged crimes armed indictment prosecution obtained ex parte order pursuant thereby freezing kaleys assets listed indictment including certificate deposit set aside legal fees government seek freeze gruenstrass assets kaleys moved vacate order requesting hearing argue probable cause believe assets forfeitable alleged conduct criminal argued entitled hearing restraining order targeted funds needed set aside retain trial counsel preparing defense two years contended prosecution baseless government identify anyone claimed ownership medical devices alleged stolen telephone conference magistrate judge motion prosecution conceded able trace allegedly criminal proceeds kaleys led magistrate judge question lawfulness restraining listed assets two business days conference government obtained superseding indictment added count conspiracy commit money laundering adding charge enabled government proceed much broader forfeiture provision one original indictment civil forfeiture provision authorized ure property constitutes derived proceeds traceable qualifying criminal violation criminal forfeiture provision invoked government authorizes forfeiture property involved qualifying offense property traceable property superseding indictment alleged sum million certificate deposit reserved pay legal expenses kaleys home subject forfeiture government sought order freezing substantially assets kaleys objected repeating arguments previously raised also contending prosecutors vindictive adding money laundering charge seeking broader forfeiture district nonetheless entered broader order requested government restraint kaleys assets remains place kaleys appeal denial pending government proceeded trial separately codefendant gruenstrass government sought freeze gruenstrass assets represented chosen counsel counsel argued government pitching fraud without victim government witness took stand claim ownership allegedly stolen devices jury acquitted gruenstrass charges less three hours good omen kaleys counsel prepared trial ii issues stake implicate fundamental constitutional principles sixth amendment provides criminal prosecutions accused shall enjoy right assistance counsel defence many ways precious right defendant attorney fight rights defendant enjoys cronic years ago found hardly necessary say right counsel conceded defendant afforded fair opportunity secure counsel choice powell alabama indeed recently called right select counsel one choice root meaning constitutional guarantee sixth amendment amendment requires particular guarantee fairness provided wit accused defended counsel believes best individual right counsel choice violated whenever defendant choice wrongfully denied error pervades entire trial violation right therefore structural error ibid one kinds errors undermine fairness criminal proceeding whole davila slip course true right counsel choice like rights absolute defendant right choose counsel afford counsel member bar counsel impermissible conflict interest wheat district need always shuffle calendar accommodate defendant preferred counsel legitimate reasons morris slappy none limitations imposed unreviewable discretion prosecutor party wants defendant lose trial held prosecution may freeze assets defendant needs retain counsel choice upon finding probable cause believe assets forfeitable monsanto kaleys challenge holding monsanto acknowledged reserved crucial question whether defendant right heard government take action good reason caution possibility prosecutor elect hamstring target preventing paying counsel choice raises substantial concerns fairness entire proceeding fair trial fair tribunal basic requirement due process murchison issues concerning denial counsel choice implicate overall fairness trial bear directly within trial proceeds supra quoting arizona fulminante iii notwithstanding substantial constitutional issues stake majority believes reasoning effectively resolves case ante majority reasoning goes like first freeze assets prior trial government must show probable cause believe defendant committed offense giving rise forfeiture second grand jury determinations probable cause nonreviewable therefore kaleys relitigate grand jury finding probable cause avoid pretrial restraint assets need retain counsel choice ibid view matter nearly straightforward neither multiple courts appeals since monsanto granted defendants type hearing kaleys request see ante begin majority conclusion wrong terms freeze assets prior trial government must show probable cause believe defendant committed offense giving rise forfeiture targeted assets requisite connection alleged criminal conduct solicitor general concedes courts appeals considered issue held defendants entitled show assets restrained actually proceeds charged criminal offense tr oral arg second prong required showing satisfied listing property indictment alleging subject forfeiture required restrain assets trial grand jury found probable cause believe assets linked charged offenses found probable cause believe kaleys committed underlying crimes app separate indictment section alleging criminal forfeiture including certificate deposit see jones monsanto en banc dept justice asset forfeiture policy manual indictment alleges property subject forfeiture indicates grand jury made probable cause neither government majority gives reason district may reconsider grand jury probable cause finding traceability fact constitutionally must asked may underlying charged event hearing kaleys seek mere relitigation grand jury proceedings hearing district consider merits prosecution determine whether probable cause believe kaleys assets forfeitable determine whether kaleys may tried judge agrees kaleys merely hold government met burden hearing justify freezing assets kaleys need pay attorneys government may proceed prosecution kaleys chosen counsel side even though probable cause standard applies indictment stage pretrial asset restraint hearing judge determination based different evidence previously presented grand jury part government may choose put less evidence hearing grand jury course kaleys opportunity tell side story something grand jury never hears see williams much kaleys want present comes gruenstrass trial evidence grand jury obviously considered even judge determined probable cause justify pretrial asset restraint adequately established determination way amount looking revising judgment grand jury upon evidence purpose determining whether finding founded upon sufficient proof ante quoting costello internal quotation marks omitted judge decision based evidence presented hearing necessary legal logical consequence underlying prosecution based different evidence used different purpose majority warns allowing judge consider underlying merits prosecution purposes determining whether defendant assets may restrained pretrial create legal dissonance grand jury indictment undermine criminal justice system integrity ante explained judicial finding based different evidence sides present contradict grand jury probable cause finding based finding still suffice accomplish purpose call trial merits charges rather creating dissonance traditional roles principal actors justice system remain respected grand jury decides whether defendant required stand trial judge decides pretrial matters trial proceed jury decides whether defendant guilty crime indeed bail context pretrial determination perhaps closest analogue pretrial restraint assets issue allow judicial inquiries underlying merits indicted charges without concern intruding province grand jury indictment charging sufficiently serious crimes gives rise rebuttable presumption defendant eligible pretrial release see defendant nonetheless entitled evidentiary hearing may contest among things weight evidence yet one say district encroached grand jury role determined authorize pretrial detention weakness prosecution case see hurtado recognizing considering weight evidence decide whether presumption rebutted may well necessary open issue probable cause since question evidentiary weight makes sense district considered underlying merits charges based different information different purpose grand jury defendant granted pretrial release still show event things undermine criminal justice system integrity ante allow government initiate prosecution option disarm presumptively innocent opponent depriving counsel choice without even opportunity heard result decision case fundamentally odds constitutional tradition basic notions fair play iv majority persuasive applying due process balancing test set forth mathews eldridge initial matter majority gives short shrift kaleys interests stake presumption innocence although articulated constitution basic component fair trial system criminal justice estelle williams whatever serious crimes grand jury alleges kaleys committed presumptively innocent charges final judgment right vindicate presumption choosing advocate believe best defend explained core sixth amendment suspect kaleys right hardly precious addition potentially losing property government already frozen including home kaleys face maximum prison terms five years ten years years charges superseding indictment indictment means must stand trial charges kaleys plainly urgent interest chosen counsel worked since grand jury investigation began two years indictment mount best possible defense trial majority alludes cases recognizing indictments may result temporary deprivation defendant liberty without judicial review suggests indictments therefore must also good enough deprive defendant property without judicial review ante even reasoning might valid contexts property issue needed hire chosen counsel context prosecution serious crimes far clear interest greater interest temporary liberty pending trial interest using one available means avoid imprisonment many years trial retaining one counsel choice ensures fundamental fairness actual trial thus may far valuable criminal defendant pretrial release government side echoes government concerns hearing place demands resources interfere desire keep trial strategy close vest concerns somewhat curious light majority emphasis easy make probable cause showing even surprising light extensive discovery obligations already imposed government federal rule criminal procedure brady maryland emphasis government places pretrial secrecy evokes outdated conception criminal trial poker game players enjoy absolute right always conceal cards played williams florida moreover recall government concedes due process guarantees defendants hearing contest traceability restrained assets charged conduct defendant requests hearing government likely required reveal something case demonstrate assets requisite connection charged offenses event concerns exaggerated government required show pretrial restraint hearing similar pretrial showings prosecutors make contexts daily basis mentioned government seeks order detaining defendant pending trial routinely makes extensive evidentiary showing voluntarily disclosing much evidence trial strategy support relief see brief california attorneys criminal justice amicus curiae government makes similar showings context pretrial motions motions admit hearsay evidence exception discover communications made furtherance future crime contexts one decision much show hand rests fully within government discretion strong case believes pretrial restraint necessary preserve assets forfeiture government may choose make strong evidentiary showing little concern closer case government concerned tipping hand may elect forgo pretrial restraint assets defendant needs pay counsel see great burden government allowing strike balance sees fit considering pretrial asset restraint deprive defendant right counsel choice end bit much argue government discretion deprive defendant without hearing counsel chosen present defense simply avoid mere possibility premature peek aspect government intends trial majority also significantly underestimates amount control judges exercise types hearings circuits allow hearings afforded judges great deal flexibility structuring judges need apply federal rules evidence hearings take many steps including camera proceedings ensure witness safety grand jury secrecy fully preserved see monsanto cadc moreover experience second circuit defendants years afforded type hearing kaleys seek indicates hearings occur often raise substantial concerns taxing resources government lower courts see brief new york council defense lawyers amicus curiae majority notes reported cases appear addressed hearings relative rarity unsurprising even entitled hearing defendants must first show genuine need use assets retain counsel choice see bonventre defendants incentive tip hands trial strategy perhaps even greater extent government given defendants bear comparatively discovery obligations criminal trial light low bar probable cause standard many defendants likely conclude possible benefits hearing worth candle hearings occur appearances ably controlled district judges keep manageable limit potential excess abuse see brief new york council defense lawyers amicus curiae addition hearings allowed prosecutors defense counsel often reach agreements concerning scope conditions protective order accommodate interests sides see right stake fundamental hiring one counsel choice root meaning sixth amendment government interest saving time expense limited number proceedings particularly compelling government legitimate interests served forfeiture allegedly tainted assets caplin drysdale chartered imposing pretrial restraint assets increase likelihood available defendant interest protected ways mitigate concern defendants successfully divert forfeitable assets government reach afforded hearing provision provides title forfeitable assets adjudged forfeitable vests government time offense committed section provides government may seek special verdict forfeiture forfeited property subsequently transferred third party government protests recovery assets often complicated subject vagaries state law tr oral arg complaints administrative inconvenience carry little weight particular context government knows exactly money gone attorney officer notice government claims title assets talking defendant assets subject forfeiture defendant show necessary secure counsel choice example kaleys identified needed pay counsel discrete portion assets government seeks statistics cited total amount assets recovered government provided restitution victims ante completely beside point majority ultimately concludes pretrial hearing sort kaleys seek waste time ante takes little imagination see seizures based entirely ex parte proceedings create heightened risk error common sense tells us secret decisions based one side story prove inaccurate often made hearing sides thus consistently recognized fundamental instrument judicial judgment adversary proceeding parties may participate carroll president princess anne present context defendants like kaleys may able show theory prosecution legally defective argument almost certainly presented grand jury discussed supra prosecutors cases elect freeze needed assets negotiate tailored protective orders serve interests sides something unlikely hearings rote exercises given risk erroneous restraint assets needed retain chosen counsel probable value additional safeguard pretrial hearing provide significant right counsel choice inherently transient deprivation right effectively permanent cases suggesting little gained requiring adversary hearing probable cause imposing stricter evidentiary requirements grand jury proceedings noted grand jury ultimate question guilt innocence accused adjudicated calandra see williams explaining grand jury hears prosecutor finding indictment nature enquiry accusation afterwards tried quoting blackstone commentaries grand jury considers incomplete incompetent evidence deciding return indictment defendant still full trial merits formalities safeguards gerstein pugh prove innocence contrast government seeks use grand jury probable cause determination strip kaleys counsel choice kaleys take comfort able vindicate right future adversarial proceeding trial begins someone chosen counsel right lost restored based happens trial fundamental requirement due process opportunity heard meaningful time meaningful manner mathews quoting armstrong manzo kaleys opportunity meaningfully challenge deprivation must trial begins issues presented implicate fundamental precepts underlying american criminal justice system person accused committing crime presumed innocent proven guilty beyond reasonable doubt faces foe powerful might vast resources intent seeing behind bars individual right choose advocate believes ably defend liberty trial trial governed rules designed ensure whatever ultimate verdict confident extent possible justice done within bounds constitution confidence grounded belief adversary system premise adversary system criminal justice partisan advocacy sides case best promote ultimate objective guilty convicted innocent go free herring new york today decision erodes confidence permitting government deprive criminal defendant right counsel choice without much chance heard significant pretrial deprivation unwarranted majority wraps analysis blandly noting congress course free extend broader protection criminal defendants ante likely area courts charged crime must turn federal prosecutors rise represent people defense time view opinion pays insufficient respect importance independent bar check prosecutorial abuse government overreaching granting government power take away defendant chosen advocate strikes heart significant role respectfully dissent footnotes january april example department justice returned billion forfeited assets crime victims see dept justice justice department returned billion victims crime since january apr online http visited available clerk case file forfeiture statute requires hearing government seeks restrain assets someone yet indicted see statutory provision issue case involves pair indicted defendants oral argument government agreed defendant constitutional right hearing question see tr oral arg opine matter compare cadc holding defendant entitled raise challenge dejanu fed appx michelle lounge monsanto en banc jamieson prohibiting defendant raising challenge farmer jones earlier version indictment include money laundering charge superseding indictment government also accused jennifer gruenstrass another sales representative transporting stolen property money laundering case went trial acquitted several sales representatives participating kaleys activity entered guilty pleas charge shipping stolen goods government investigation grand jury unreviewed finding similarly may play significant role determining defendant eligibility release trial bail reform act et seq statute creates rebuttable presumption defendant ineligible bail probable cause believe committed certain serious crimes courts appeal uniformly held presumption operate whenever indictment charges offenses relying instruction indictment returned proper grand jury conclusively determines existence probable cause courts denied defendants calls judicial reconsideration issue contreras quoting gerstein pugh see suppa vargas per curiam hurtado dissent conceding point notes courts may consider weight evidence deciding whether defendant rebutted presumption see post opinion roberts may along host factors relating defendant dangerousness risk flight see bail reform act allows argued constitution compels inquiry even provision statute cuts dissent position enables courts consider evidentiary issue different probable cause determination comes whether probable cause supports charge issue courts making bail determinations stuck agree grand jury finding contrary dissent characterization see post nothing reasoning depends viewing one consequence probable cause determination say detention greater another say asset freeze suspect vary case case defendants seeing loss liberty significant deprivation others loss chosen lawyer simply see reason treat grand jury probable cause determination conclusive purposes including circumstances locking defendant one issue prosecutor course might drop case ruling especially thought decision bring play ethical standard barring charge prosecutor knows supported probable cause aba model rule professional conduct effectively done long held overrule grand jury whether bring defendant trial see supra dissent argues true judge hears evidence whether frozen assets traceable crime allegation also appears indictment see post supra tracing assets technical matter far removed grand jury core competence traditional function determine whether probable cause think defendant committed crime judge finding assets traceable crime charged way casts doubt prosecution determination similarly undermine grand jury create internal contradictions within criminal justice system dissent claims well hearing kaleys seek mere relitigation grand jury decision tell side story post said adversarial hearing indictment validity everyone agrees impermissible look revise grand jury judgment see ibid quoting costello lesson precedents described grand jury finding conclusive thus precludes subsequent proceedings matter even though arising adversarial testing see supra see also infra dissent says worry government obtain assets conviction using provision see post provision intended aid government recovering funds transferred third party kaleys lawyer subsequent crime forfeiture applies specific assets likely event third party spent money government must resort state equitable remedies may may even available force disgorge equivalent amount see tr oral arg indeed government easily recover monies lawyers agree represent defendants like kaleys dissent proposed holding naught compare cassella criminal forfeiture procedure crim explaining defendants tend demand hearing afford defense counsel early opportunity discover nature government criminal case government witnesses may attorney fees government forfeiture champion apr advising ven defense counsel prevail facts law may able prevail anyway ometimes government decide give restraint piece property rather engage litigation result early discovery still restraint assets deprive kaleys representation sufficient ensure fair proceedings sixth amendment require appointment effective counsel kaleys unable hire lawyer see strickland washington gideon wainwright vast majority criminal defendants proceed appointed counsel never thought dissent suggests today risks fundamental fairness actual trial post see post right way start correcting problem adopting dissent position ensuring right effective counsel fully vindicated formerly held courts actually found dissent cites nothing single decision suggesting single decision lower demonstrating formal adversarial procedures likely correct grand jury errors dissent argues hearing probable value kaleys deprivation right chosen counsel accomplished effectively permanent post argument confuses two different parts mathews inquiry dissent point well underscores importance kaleys interest readily acknowledged grand jury made mistake kaleys suffered serious injury later corrected see supra note though dissent asserting injury uniqueness understates losses always attend mistaken indictment ultimate verdict erase dissent argument stake kaleys says nothing crucial last prong mathews asks whether extent adversarial procedures request fact correct grand jury errors part analysis requires decision dissent view government overreached particular case overcome footnotes district monsanto imposed restraining order extensive hearing question probable cause pointless decide whether hearing required adequately establish probable cause majority response characterize grand jury finding traceability merely technical matter ante indictment draws distinction grand jury finding probable cause believe kaleys committed crime finding probable cause believe certain assets traceable crime showings must made justify pretrial asset restraint monsanto nothing case indictment justifies treating one grand jury finding differently majority cites cases courts correctly rejected requests judicial redetermination grand jury probable cause finding purposes determining whether rebuttable presumption pretrial detention triggered see ante cases question judge authority consider underlying merits government case including grand jury alleged indictment purposes determining whether presumption rebutted dominguez evidence probative guilt admitted detention hearing support challenge weight government case defendant see also jones supp sdny releasing defendant pretrial determining weight evidence overcomes presumption detention majority notes inquiry bail context authorized statute alter crucial point prosecutor seeks use indictment impose another significant pretrial consequence defendant judges allowed inquire underlying merits prosecution including matters grand jury considered part inquiry whether consequence justified resulted dissonance undermining grand jury role due process precedents clear mathews test applies case rather inquiry set forth medina california held medina mathews inapplicable assessing validity state procedural rules part criminal process therefore applied medina rather mathews considering due process challenges including example allocation burdens proof type evidence may admitted see burden proving incompetence stand trial patterson new york burden proving affirmative defense dowling admissibility testimony prior crime defendant acquitted case questions collateral issue pretrial deprivation property defendant needs exercise right counsel choice mathews therefore provides relevant inquiry government majority place particular emphasis use forfeited assets provide restitution victims crime see brief ante worth noting respect prosecuting sales representatives participated kaleys allegedly fraudulent conduct government position exactly victim shifted frequently see brief petitioners hospitals employers tr oral arg hospitals one prosecutor forthrightly acknowledged sentencing hearing alleged ca make restitution brief petitioners