Many people facing criminal charges are unaware that the government has the power to freeze assets unrelated to their alleged criminal activity, preventing them from using their money to retain counsel. If you or a loved one is unable to hire an attorney because the government froze your assets, you know public defenders are burdened with heavy caseloads, preventing them from dedicating enough time to represent each client. Others lack the experience and the resources to defend their clients.
The government’s power to freeze your assets is not unlimited according to the 2016 United States Supreme Court ruling in Luis v. United States, 136 S.Ct. 1083 (2016). Sila Luis’s assets were frozen following an indictment charging her with health care fraud. The district court granted the government’s request to freeze $2 million dollars that belonged to Luis that were unrelated to the criminal charges. Luis argued that preventing her from using untainted funds to hire an attorney infringed upon her Sixth Amendment right to counsel. The Court agreed.
A prosecutor can seek an order to freeze assets that can be traced to criminal conduct, but not moneys that are “innocent.” Americans facing criminal charges are not only at risk of having their reputation tarnished, but they are also at risk of losing their jobs, their homes, their freedom, as well as their right to seek the help of the attorney of their choice.
Our experienced criminal defense attorneys will represent you zealously and persuasively to help you get your assets back. Call us now for a free case evaluation at (424) 231-4430.
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Contact the Law Offices of Victor Sherman today.