Fighting for Fees-Drug Trafficking and the Forfeiture of Attorney's Fees
In the past two years since the passage of 1984 amendments as part of the Comprehensive Crime Control Act, government prosecutors have included defense counsel fees as forfeitable assets stemming from drug trafficking and organized crime prosecutions. This development has been described by affected...
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Online Access: | http://dx.doi.org/10.1177/002204268801800308 http://journals.sagepub.com/doi/pdf/10.1177/002204268801800308 |
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crsagepubl:10.1177/002204268801800308 2024-06-16T07:38:06+00:00 Fighting for Fees-Drug Trafficking and the Forfeiture of Attorney's Fees Dombrink, John Meeker, James W. Paik, Julie 1988 http://dx.doi.org/10.1177/002204268801800308 http://journals.sagepub.com/doi/pdf/10.1177/002204268801800308 en eng SAGE Publications http://journals.sagepub.com/page/policies/text-and-data-mining-license Journal of Drug Issues volume 18, issue 3, page 421-436 ISSN 0022-0426 1945-1369 journal-article 1988 crsagepubl https://doi.org/10.1177/002204268801800308 2024-05-19T13:03:11Z In the past two years since the passage of 1984 amendments as part of the Comprehensive Crime Control Act, government prosecutors have included defense counsel fees as forfeitable assets stemming from drug trafficking and organized crime prosecutions. This development has been described by affected defense counsel as having an “arctic” effect upon their relationships with clients, as an abridgement of Sixth Amendment right to counsel, and as a deterrent to effective lawyering in this field. Prosecutors, on the contrary, have argued that a person can neither purchase a Rolls Royce nor a “Rolls Royce class of attorney” with proceeds of criminality. This paper delineates the issues in this debate, and their genesis, as articulated injudicial opinions; interviews with prosecutors and leading defense attorneys in Los Angeles, Miami, and New York City; published articles; and transcripts of hearings held by bar associations. In addition to the fees issue, similar controversial issues, such as grand jury subpoenas of attorneys and cash reporting requirements placed on attorneys, are addressed. Particular attention is paid to the increased adversariness in this stratum of the criminal justice system, and to the impact these developments have and will have on the quality of justice in major drug trafficking and organized crime cases. Article in Journal/Newspaper Arctic SAGE Publications Arctic Royce ENVELOPE(-118.836,-118.836,56.217,56.217) Journal of Drug Issues 18 3 421 436 |
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SAGE Publications |
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English |
description |
In the past two years since the passage of 1984 amendments as part of the Comprehensive Crime Control Act, government prosecutors have included defense counsel fees as forfeitable assets stemming from drug trafficking and organized crime prosecutions. This development has been described by affected defense counsel as having an “arctic” effect upon their relationships with clients, as an abridgement of Sixth Amendment right to counsel, and as a deterrent to effective lawyering in this field. Prosecutors, on the contrary, have argued that a person can neither purchase a Rolls Royce nor a “Rolls Royce class of attorney” with proceeds of criminality. This paper delineates the issues in this debate, and their genesis, as articulated injudicial opinions; interviews with prosecutors and leading defense attorneys in Los Angeles, Miami, and New York City; published articles; and transcripts of hearings held by bar associations. In addition to the fees issue, similar controversial issues, such as grand jury subpoenas of attorneys and cash reporting requirements placed on attorneys, are addressed. Particular attention is paid to the increased adversariness in this stratum of the criminal justice system, and to the impact these developments have and will have on the quality of justice in major drug trafficking and organized crime cases. |
format |
Article in Journal/Newspaper |
author |
Dombrink, John Meeker, James W. Paik, Julie |
spellingShingle |
Dombrink, John Meeker, James W. Paik, Julie Fighting for Fees-Drug Trafficking and the Forfeiture of Attorney's Fees |
author_facet |
Dombrink, John Meeker, James W. Paik, Julie |
author_sort |
Dombrink, John |
title |
Fighting for Fees-Drug Trafficking and the Forfeiture of Attorney's Fees |
title_short |
Fighting for Fees-Drug Trafficking and the Forfeiture of Attorney's Fees |
title_full |
Fighting for Fees-Drug Trafficking and the Forfeiture of Attorney's Fees |
title_fullStr |
Fighting for Fees-Drug Trafficking and the Forfeiture of Attorney's Fees |
title_full_unstemmed |
Fighting for Fees-Drug Trafficking and the Forfeiture of Attorney's Fees |
title_sort |
fighting for fees-drug trafficking and the forfeiture of attorney's fees |
publisher |
SAGE Publications |
publishDate |
1988 |
url |
http://dx.doi.org/10.1177/002204268801800308 http://journals.sagepub.com/doi/pdf/10.1177/002204268801800308 |
long_lat |
ENVELOPE(-118.836,-118.836,56.217,56.217) |
geographic |
Arctic Royce |
geographic_facet |
Arctic Royce |
genre |
Arctic |
genre_facet |
Arctic |
op_source |
Journal of Drug Issues volume 18, issue 3, page 421-436 ISSN 0022-0426 1945-1369 |
op_rights |
http://journals.sagepub.com/page/policies/text-and-data-mining-license |
op_doi |
https://doi.org/10.1177/002204268801800308 |
container_title |
Journal of Drug Issues |
container_volume |
18 |
container_issue |
3 |
container_start_page |
421 |
op_container_end_page |
436 |
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1802004826070974464 |