SCOTUS Rules No Freezing Substitute Assets

One of the many tools federal prosecutors use to prevent criminal defendants from trying to defend themselves is by freezing their assets.  Federal law is clear that assets gained from criminal enterprises can be frozen and defendants cannot use those assets to retain legal counsel.   Prior court rulings allowed Prosecutors to freeze other assets of a criminal defendants, assets not directly traceable to the alleged criminal conduct.  The effect was this often prevented many defendants from being able to retain the counsel of their choice. Today in Luis v. United States the high court stated: For the reasons stated, we conclude … Continue reading SCOTUS Rules No Freezing Substitute Assets