caplin
drysdale
chartered
argued
march
decided
june
christopher
reckmeyer
charged
running
massive
drug
importation
distribution
scheme
alleged
continuing
criminal
enterprise
cce
violation
relying
portion
cce
statute
authorizes
forfeiture
government
property
acquired
result
violations
indictment
sought
forfeiture
specified
assets
reckmeyer
possession
district
acting
pursuant
entered
restraining
order
forbidding
reckmeyer
transferring
potentially
forfeitable
assets
nonetheless
transferred
petitioner
law
firm
preindictment
legal
services
petitioner
continued
represent
reckmeyer
indictment
reckmeyer
moved
modify
district
order
permit
use
restrained
assets
pay
petitioner
fees
exempt
assets
postconviction
forfeiture
however
ruled
motion
reckmeyer
entered
plea
agreement
government
inter
alia
agreed
forfeit
specified
assets
denied
reckmeyer
motion
subsequently
entered
order
forfeiting
virtually
assets
government
petitioner
arguing
assets
used
pay
attorney
exempt
forfeiture
statute
failure
provide
exemption
renders
unconstitutional
filed
petition
seeking
adjudication
interest
forfeited
assets
district
granted
relief
sought
however
appeals
reversed
finding
statute
acknowledged
exception
forfeiture
requirement
statutory
scheme
constitutional
held
reasons
stated
monsanto
ante
whatever
discretion
provide
district
judges
refuse
issue
pretrial
restraining
orders
potentially
forfeitable
assets
grant
equitable
discretion
allow
defendant
withhold
assets
pay
bona
fide
attorney
fees
exercise
judges
discretion
immunize
nonrestrained
assets
used
attorney
fees
subsequent
forfeiture
provides
recapture
forfeitable
assets
transferred
third
parties
pp
forfeiture
statute
impermissibly
burden
defendant
sixth
amendment
right
retain
counsel
choice
defendant
sixth
amendment
right
spend
another
person
money
services
rendered
attorney
even
funds
way
defendant
able
retain
attorney
choice
money
though
possession
rightfully
petitioner
contention
since
government
claim
forfeitable
assets
rests
penal
statute
merely
mechanism
preventing
fraudulent
conveyances
assets
device
determining
true
title
property
burden
statute
places
defendant
rights
greatly
outweighs
government
interest
forfeiture
unsound
section
reflects
application
lawful
practice
vesting
title
forfeitable
assets
hands
government
time
criminal
act
giving
rise
forfeiture
moreover
strong
governmental
interest
obtaining
full
recovery
assets
since
assets
deposited
fund
supports
efforts
since
statute
allows
property
recovered
rightful
owners
since
major
purpose
behind
forfeiture
provisions
cce
lessen
economic
power
organized
crime
drug
enterprises
including
use
power
retain
private
counsel
pp
forfeiture
statute
upset
balance
power
government
accused
manner
contrary
due
process
clause
fifth
amendment
constitution
forbid
imposition
otherwise
permissible
criminal
sanction
forfeiture
merely
cases
prosecutors
may
abuse
processes
available
due
process
claims
cognizable
specific
cases
prosecutorial
misconduct
alleged
pp
white
delivered
opinion
rehnquist
scalia
kennedy
joined
blackmun
filed
dissenting
opinion
brennan
marshall
stevens
joined
post
peter
van
lockwood
argued
cause
petitioner
briefs
graeme
bush
albert
lauber
julia
porter
robert
cohen
acting
solicitor
general
bryson
argued
cause
briefs
assistant
attorney
general
dennis
edwin
kneedler
sara
criscitelli
joseph
beeler
bruce
winick
filed
brief
national
association
criminal
defense
lawyers
et
al
amici
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
state
california
john
van
de
kamp
attorney
general
steve
white
chief
assistant
attorney
general
john
gordnier
senior
assistant
attorney
general
gary
schons
deputy
attorney
general
eugene
anderson
pro
se
briefs
amici
curiae
filed
american
bar
association
robert
raven
charles
cole
antonia
ianniello
terrance
reed
appellate
committee
california
district
attorneys
association
ira
reiner
harry
sondheim
arnold
guminski
justice
white
delivered
opinion
called
determine
whether
federal
drug
forfeiture
statute
includes
exemption
assets
defendant
wishes
use
pay
attorney
conducted
defense
criminal
case
forfeiture
sought
determine
exemption
exists
must
decide
whether
statute
interpreted
consistent
fifth
sixth
amendments
hold
january
christopher
reckmeyer
charged
multicount
indictment
running
massive
drug
importation
distribution
scheme
scheme
alleged
continuing
criminal
enterprise
cce
violation
stat
amended
supp
relying
portion
cce
statute
authorizes
forfeiture
government
property
constituting
derived
proceeds
obtained
violations
indictment
sought
forfeiture
specified
assets
reckmeyer
possession
app
time
district
acting
pursuant
entered
restraining
order
forbidding
reckmeyer
transfer
listed
assets
potentially
forfeitable
sometime
earlier
reckmeyer
retained
petitioner
law
firm
represent
ongoing
grand
jury
investigation
resulted
january
indictments
notwithstanding
restraining
order
reckmeyer
paid
firm
preindictment
legal
services
days
indictment
handed
sum
placed
petitioner
escrow
account
petitioner
continued
represent
reckmeyer
following
indictment
march
reckmeyer
moved
modify
district
earlier
restraining
order
permit
use
restrained
assets
pay
petitioner
fees
reckmeyer
also
sought
exempt
postconviction
forfeiture
order
assets
intended
use
pay
petitioner
however
one
week
later
district
conduct
hearing
motion
reckmeyer
entered
plea
agreement
government
agreement
reckmeyer
pleaded
guilty
cce
charge
agreed
forfeit
specified
assets
listed
indictment
day
reckmeyer
plea
entered
district
denied
earlier
motion
modify
restraining
order
concluding
plea
forfeiture
agreement
rendered
irrelevant
consideration
propriety
pretrial
restraints
app
subsequently
order
forfeiting
virtually
assets
reckmeyer
possession
entered
district
conjunction
sentencing
order
entered
petitioner
filed
petition
permits
third
parties
interest
forfeited
property
ask
sentencing
adjudication
rights
property
specifically
gives
third
party
entered
bona
fide
transaction
defendant
right
make
claims
forfeited
property
third
party
time
transaction
reasonably
without
cause
believe
defendant
assets
subject
forfeiture
see
also
petitioner
claimed
interest
reckmeyer
assets
services
provided
reckmeyer
conducting
defense
petitioner
also
sought
held
escrow
account
payment
preindictment
legal
services
petitioner
argued
alternatively
assets
used
pay
attorney
exempt
forfeiture
failure
statute
provide
exemption
rendered
unconstitutional
district
granted
petitioner
claim
share
forfeited
assets
panel
fourth
circuit
affirmed
finding
contained
statutory
provision
authorizing
payment
attorney
fees
forfeited
assets
statute
failure
impermissibly
infringed
defendant
sixth
amendment
right
counsel
choice
harvey
appeals
agreed
hear
case
en
banc
reversed
sub
nom
forfeiture
hearing
caplin
drysdale
chartered
judges
fourth
circuit
agreed
language
cce
statute
acknowledged
exception
forfeiture
requirement
recognize
petitioner
claim
forfeited
assets
majority
found
statutory
scheme
constitutional
four
dissenting
judges
however
agreed
panel
view
statute
construed
violated
sixth
amendment
phillips
dissenting
petitioner
sought
review
statutory
constitutional
issues
raised
appeals
holding
granted
certiorari
affirm
ii
petitioner
first
submission
statutory
provision
authorizes
pretrial
restraining
orders
potentially
forfeitable
assets
defendant
possession
supp
grants
district
courts
equitable
discretion
determine
orders
imposed
discretion
exercised
traditional
equitable
standards
petitioner
urges
including
weigh
ing
equities
competing
hardships
parties
approach
must
invariably
strike
balance
allow
defendant
pay
bona
fide
attorneys
fees
petitioner
argues
brief
petitioner
petitioner
submits
district
exercises
discretion
fails
freeze
assets
defendant
uses
pay
attorney
statute
provision
recapture
forfeitable
assets
transferred
third
parties
may
operate
sums
petitioner
argument
acknowledges
based
view
statute
expounded
judge
winter
second
circuit
concurring
opinion
appeals
en
banc
decision
monsanto
reject
interpretation
statute
today
decision
monsanto
ante
reverses
second
circuit
holding
case
explain
monsanto
decision
ante
whatever
discretion
provides
district
judges
refuse
enter
pretrial
restraining
orders
extend
far
petitioner
urges
exercise
discretion
immunize
nonrestrained
assets
subsequent
forfeiture
transferred
attorney
pay
legal
fees
thus
reasons
provided
opinion
monsanto
reject
petitioner
statutory
claim
iii
therefore
address
petitioner
constitutional
challenges
forfeiture
law
petitioner
contends
statute
infringes
criminal
defendants
sixth
amendment
right
counsel
choice
upsets
balance
power
government
accused
manner
contrary
due
process
clause
fifth
amendment
consider
contentions
turn
petitioner
first
claim
forfeiture
law
makes
impossible
least
impermissibly
burdens
defendant
right
select
represented
one
preferred
attorney
wheat
petitioner
defensibly
assert
impecunious
defendants
sixth
amendment
right
choose
counsel
amendment
guarantees
defendants
criminal
cases
right
adequate
representation
means
hire
lawyers
cognizable
complaint
long
adequately
represented
attorneys
appointed
courts
defendant
may
insist
representation
attorney
afford
wheat
supra
petitioner
dispute
propositions
government
deny
sixth
amendment
guarantees
defendant
right
represented
otherwise
qualified
attorney
defendant
afford
hire
willing
represent
defendant
even
though
without
funds
applying
principles
statute
question
observe
nothing
prevents
defendant
hiring
attorney
choice
disqualifies
attorney
serving
defendant
counsel
thus
unlike
wheat
case
involve
situation
government
asked
prevent
defendant
chosen
counsel
representing
accused
instead
petitioner
urges
violation
sixth
amendment
arises
forfeiture
instance
government
assets
defendants
intend
use
pay
attorneys
even
sense
course
burden
forfeiture
law
imposes
criminal
defendant
limited
forfeiture
statute
prevent
defendant
nonforfeitable
assets
retaining
attorney
choosing
necessarily
case
defendant
possesses
nothing
assets
government
seeks
forfeited
prevented
retaining
counsel
choice
defendants
like
reckmeyer
may
able
find
lawyers
willing
represent
hoping
fees
paid
event
acquittal
via
means
defendant
might
come
future
burden
placed
defendants
forfeiture
law
therefore
limited
one
nonetheless
cases
defendant
unable
retain
attorney
choice
defendant
able
hire
lawyer
access
forfeitable
assets
risk
fees
paid
defendant
counsel
later
recouped
cases
petitioner
argues
sixth
amendment
puts
limits
forfeiture
statute
submission
untenable
whatever
full
extent
sixth
amendment
protection
one
right
retain
counsel
choosing
protection
go
beyond
individual
right
spend
money
obtain
advice
assistance
counsel
walters
national
assn
radiation
survivors
stevens
dissenting
defendant
sixth
amendment
right
spend
another
person
money
services
rendered
attorney
even
funds
way
defendant
able
retain
attorney
choice
robbery
suspect
example
sixth
amendment
right
use
funds
stolen
bank
retain
attorney
defend
apprehended
money
though
possession
rightfully
government
violate
sixth
amendment
seizes
robbery
proceeds
refuses
permit
defendant
use
pay
defense
lawyer
case
right
accept
stolen
property
ransom
money
payment
fee
privilege
practice
law
license
steal
laska
petitioner
appears
concede
much
see
brief
petitioner
respondent
monsanto
clearly
see
brief
respondent
pp
petitioner
seeks
distinguish
cases
sixth
amendment
purposes
arguing
bank
claim
robbery
proceeds
rests
property
rights
government
claim
forfeitable
assets
rests
penal
statute
embodies
fictive
concept
merely
mechanism
preventing
fraudulent
conveyances
defendant
assets
device
determining
true
title
property
brief
petitioner
light
petitioner
contends
burden
placed
defendant
sixth
amendment
rights
forfeiture
statute
outweighs
government
interest
forfeiture
ibid
premises
petitioner
constitutional
analysis
unsound
several
respects
first
property
rights
given
government
virtue
forfeiture
statute
substantial
petitioner
acknowledges
provision
congress
dictated
right
title
interest
property
obtained
criminals
via
illicit
means
described
statute
vests
upon
commission
act
giving
rise
forfeiture
supp
congress
observed
provision
adopted
approach
known
taint
theory
one
long
recognized
forfeiture
cases
including
decision
stowell
see
stowell
explained
operation
similar
forfeiture
provision
violations
internal
revenue
code
follows
soon
possessor
forfeitable
asset
committed
violation
internal
revenue
laws
forfeiture
laws
took
effect
though
needing
judicial
condemnation
perfect
operated
time
statutory
conveyance
right
title
interest
remaining
possessor
valid
effectual
world
recorded
deed
right
vested
defeated
impaired
subsequent
dealings
possessor
stowell
supra
constitutional
principle
gives
one
person
right
give
another
property
third
party
even
person
seeking
complete
exchange
wishes
order
exercise
constitutionally
protected
right
petitioner
supporting
amici
attempt
distinguish
expenditure
forfeitable
assets
exercise
one
sixth
amendment
rights
expenditures
pursuit
constitutionally
protected
freedoms
see
brief
american
bar
association
amicus
curiae
distinction
hierarchy
among
constitutional
rights
defendants
right
spend
forfeitable
assets
attorney
fees
exercises
right
speak
practice
one
religion
travel
full
exercise
rights
depends
part
one
financial
wherewithal
forfeiture
even
threat
forfeiture
may
similarly
prevent
defendant
enjoying
rights
fully
might
otherwise
nonetheless
recognize
antiforfeiture
exception
exercise
right
one
exist
exercise
sixth
amendment
rights
petitioner
balancing
analysis
contrary
rests
substantially
view
government
modest
interest
forfeitable
assets
may
used
retain
attorney
petitioner
takes
position
large
part
assets
paid
client
attorney
principal
ends
forfeiture
achieved
dispossessing
drug
dealer
racketeer
proceeds
wrongdoing
see
brief
petitioner
see
also
think
view
misses
mark
three
reasons
first
government
pecuniary
interest
forfeiture
goes
beyond
merely
separating
criminal
gains
legitimate
interest
extends
recovering
forfeitable
assets
assets
deposited
fund
supports
efforts
variety
important
useful
ways
see
establishes
department
justice
assets
forfeiture
fund
sums
money
raised
activities
way
substantial
government
interest
using
profits
crime
fund
activities
discounted
second
statute
permits
rightful
owners
forfeited
assets
make
claims
forfeited
assets
retained
government
see
government
interest
winning
undiminished
forfeiture
thus
includes
objective
returning
property
full
wrongfully
deprived
defrauded
government
pursues
restitutionary
end
government
interest
forfeiture
virtually
indistinguishable
interest
returning
bank
proceeds
bank
robbery
claim
right
use
assets
hire
attorney
instead
returned
rightful
owners
persuasive
bank
robber
similar
claim
finally
recognized
previously
major
purpose
motivating
congressional
adoption
continued
refinement
racketeer
influenced
corrupt
organizations
rico
cce
forfeiture
provisions
desire
lessen
economic
power
organized
crime
drug
enterprises
see
russello
includes
use
economic
power
retain
private
counsel
appeals
put
congress
already
underscored
compelling
public
interest
stripping
criminals
reckmeyer
undeserved
economic
power
part
undeserved
power
may
ability
command
legal
talent
notion
government
legitimate
interest
depriving
criminals
economic
power
even
insofar
power
used
retain
counsel
choice
may
somewhat
unsettling
see
tr
oral
arg
defendant
claims
suffered
substantial
impairment
sixth
amendment
rights
virtue
seizure
forfeiture
assets
possession
complaint
reflection
harsh
reality
quality
criminal
defendant
representation
frequently
may
turn
ability
retain
best
counsel
money
buy
morris
slappy
brennan
concurring
result
appeals
put
aptly
modern
day
jean
valjean
must
satisfied
appointed
counsel
yet
drug
merchant
claims
possession
huge
sums
money
entitles
something
reject
contention
notion
constitutional
right
use
proceeds
crime
finance
expensive
defense
view
strong
governmental
interest
obtaining
full
recovery
forfeitable
assets
interest
overrides
sixth
amendment
interest
permitting
criminals
use
assets
adjudged
forfeitable
pay
defense
otherwise
interference
defendant
sixth
amendment
rights
whenever
government
freezes
takes
property
defendant
possession
criminal
trial
jeopardy
assessments
internal
revenue
service
irs
seizures
assets
secure
potential
tax
liabilities
see
may
impair
defendant
ability
retain
counsel
way
similar
complained
yet
assessments
upheld
constitutional
attack
note
respondent
monsanto
concedes
constitutionality
see
brief
respondent
moreover
petitioner
claim
share
forfeited
assets
postconviction
suggest
government
never
impose
burden
assets
within
defendant
control
used
pay
lawyer
criminal
defendants
however
exempted
federal
state
local
taxation
simply
financial
levies
may
deprive
resources
used
hire
attorney
therefore
reject
petitioner
claim
sixth
amendment
right
criminal
defendants
use
assets
government
assets
adjudged
forfeitable
reckmeyer
pay
attorney
fees
merely
assets
possession
see
also
monsanto
ante
rejects
similar
claim
respect
pretrial
orders
assets
yet
judged
forfeitable
petitioner
second
constitutional
claim
forfeiture
statute
invalid
due
process
clause
fifth
amendment
permits
government
upset
balance
forces
accused
accuser
wardius
oregon
sure
contention
adds
anything
petitioner
sixth
amendment
claim
constitution
guarantees
fair
trial
due
process
clauses
defines
basic
elements
fair
trial
largely
several
provisions
sixth
amendment
strickland
washington
concluded
sixth
amendment
offended
forfeiture
provisions
issue
even
however
fifth
amendment
provides
added
protection
encompassed
sixth
amendment
specific
provisions
find
petitioner
claim
based
fifth
amendment
unavailing
forfeiture
provisions
powerful
weapons
war
crime
like
weapons
impact
devastating
used
unjustly
due
process
claims
alleging
abuses
cognizable
specific
cases
prosecutorial
misconduct
petitioner
made
allegation
directed
rule
inherently
unconstitutional
fact
act
might
operate
unconstitutionally
conceivable
set
circumstances
insufficient
render
invalid
salerno
petitioner
claim
power
available
prosecutors
statute
abused
proves
much
many
tools
available
prosecutors
misused
way
violates
rights
innocent
persons
appeals
put
rejecting
claim
advanced
every
criminal
law
carries
potential
abuse
potential
abuse
require
finding
facial
invalidity
rejected
claim
similar
petitioner
last
term
wheat
wheat
petitioner
argued
permitting
disqualify
defendant
chosen
counsel
conflicts
interest
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