2nd Circ. Sets Up Hurdle For Asset-Freeze Hearings

Law360, New York (June 19, 2013, 5:00 PM EDT) -- The Second Circuit ruled Wednesday that criminal defendants must show they have insufficient assets to hire counsel of choice before being awarded a pretrial hearing to recover frozen assets for that purpose, denying a Bernard Madoff associate’s bid for such a hearing.

A three-judge panel clarified the Second Circuit’s landmark 1991 decision in United States v. Monsanto. That case held that a criminal defendant who wishes to use frozen assets to hire counsel of choice is entitled to a pretrial hearing to determine whether there is...
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