Amicus Brief in Closely Watched Forfeiture Case Before Supreme Court

June.10.2013

​Sacramento white collar and corporate investigations partner Courtney Linn, Los Angeles white collar and corporate investigations partner Mark Mermelstein and Sacramento litigation associate David Spencer are representing the Florida Association of Criminal Defense Attorneys in a closely watched forfeiture case pending before the U.S. Supreme Court. The case raises the issue of whether, when a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice, the Fifth and Sixth Amendments require a pre-trial, adversarial hearing at which the defendant may challenge the evidentiary support and legal theory of the underlying charges.