News & Analysis as of

Luis v United States

Ballard Spahr LLP

2016 Year in Review: Forfeiture

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The field of forfeiture saw significant action in 2016. The IRS offered to return forfeited funds used in structuring, but Congress still may clip its ability to forfeit such funds. Meanwhile, DOJ renewed a controversial...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - May 2016

Spotlight on the False Claims Act - Why it matters: This month we discuss two interesting court cases involving the False Claims Act (FCA). On April 19, 2016, the Supreme Court heard oral argument in Universal Health...more

Proskauer - Corporate Defense and Disputes

Supreme Court Clarifies That Untainted Assets Cannot Be Frozen Pre-Trial By The Government

Last week the Supreme Court further clarified the procedures and limits regarding the government’s ability to freeze assets in connection with criminal prosecutions. Following the 2014 decision in Kaley v. United States,...more

Dorsey & Whitney LLP

Supreme Court Holds Sixth Amendment Right to Counsel Limits Pre-Trial Asset Freezing

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Last week the Supreme Court in Luis v. United States, No. 14-419, 578 U.S. __ (2016) limited the government’s reach to freeze a criminal defendant’s assets before trial or other judicial proceedings. Justice Breyer, writing...more

McGuireWoods LLP

You Can Pay Your Lawyer: Supreme Court Recognizes Limits on Pretrial Asset Restraints

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Before the U.S. Supreme Court’s ruling last week in Luis v. United States, the government could freeze a criminal defendant’s assets before trial even if they bore no connection to the alleged crimes. With the ruling, if the...more

Dorsey & Whitney LLP

Supreme Court: Government Cannot Restrain Untainted Assets

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Since the Supreme Court handed down its decisions in U.S. v. Monsanto, 491 U.S. 600 (1989) and Caplin & Drysdale, Chartered v U.S., 491 U.S. 617 (1989) is has been well established that a defendant’s Sixth Amendment right to...more

Dorsey & Whitney LLP

The Supreme Court - March 2016 #6

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The Supreme Court of the United States issued one decision on March 30, 2016: - Luis v. United States, No. 14-419: Petitioner Sila Luis was charged with various health care related crimes. Pursuant to a federal...more

Bracewell LLP

Supreme Court Rules Against Freezing "Untainted" Assets

Bracewell LLP on

In a ruling that could have far-reaching implications for criminal defendants’ right to counsel of their choice, the Supreme Court decided on March 30, 2016 that the government cannot freeze “untainted” assets that are not...more

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