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The United States Supreme Court granted a Petition for Writ of Certiorari in the case. Partner Howard Srebnick argued the case before the Court in Fall 2013. The briefs and scheduling order are linked below.
QUESTION PRESENTED
When a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice, do the Fifth and Sixth Amendments require a pretrial, adversarial hearing at which the defendant may challenge the evidentiary support and legal theory of the underlying charges?
- Petitioner’s Petition for Writ of Certiorari
- Brief of Amicus Curiae in Support of Petition for Writ of Certiorari filed by the National Association of Criminal Defense Lawyers
- Brief for the United States
- United States Supreme Court Order
- Petitioners’ Merits Brief
- Transcript of U.S. Supreme Court Oral Argument, October 16, 2013
- Audio of U.S. Supreme Court Oral Argument, October 16, 2013
NEWS ARTICLES
- Wall Street Journal – How Prosecutors Rig Trials by Freezing Assets
- Miami Herald – Supreme Court to hear challenges to property seizures before trials
- South Florida Legal Guide – How The Government Wrongfully Freezes Assets
- Miami Herald: Miami-Dade – Miami attorney to challenge criminal asset seizures in Supreme Court case
- reason.com – The Best Defense Your Money Can’t Buy
- LA Times – Legal dilemma: The lawyer of their choice
- Miami Herald: Nation – Miami attorney to challenge criminal asset seizures in Supreme Court case
- Supreme Court Insider – Amid Shutdown, Supreme Court to Hear Arguments
- Supreme Court of the United States Blog – Argument preview: Court to consider scope of challenges to asset freezes
- New York Times – Case Pits Freezing Assets Against Hiring Lawyers
- Daily Business Review – Miami Lawyer Wants Indicted Couple’s Assets Freed So They Can Pay Attorneys
- Palm Beach Post – Supreme Court weighs whether seizing assets prevents a proper defense
- FindLaw Legal Pulse – U.S. Supreme Court ponders pre-trial asset freezes in criminal cases
- CharlotteObserver.com – Indicted couple want assets freed to pay lawyers
- Supreme Court of the United Stats Blog – Argument analysis: Asset forfeiture case is close call