Attorneys Win Victories in Forfeiture Cases

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Tuesday, April 1, 1986
Author: 
Bruce Zagaris
Volume: 
2
Issue: 
4
Abstract: 
Counsel have won important victories in two cases involving forfeiture of fees.  In the case of United States v. Christopher Reckmeyer, Judge James C. Cacheris held that the defendant had a right to counsel under the Sixth Amendment to the U.S. Constitution which conflicted with and took precedence over the forfeiture of bona fide attorney's fees derived from the proceeds of an illegal activity and that Congress did not intend that the Comprehensive Crime Control Act of 1984 (hereinafter referred to as "CCCA") would encompass attorney's fees.