“I was wrongly convicted of murder. I spent nearly 17 years in prison fighting my case. When I finally won a new trial, I chose Greg Robey to be a part of my defense team. He found an FBI agent who had worked on the case in the 1980s, along with critical pieces of evidence that we thought were long lost. After a long and very hard-fought trial, I was found Not Guilty of all charges. I owe my freedom to Greg Robey and my defense team.” -R.R., Ravenna, Ohio
Kerri and Brian Kaley were investigated for stealing medical devices and laundering money they earned from sale of the stolen property. The Kaleys arranged for an equity loan to pay for their defense counsel. However, upon the Kaleys being indicted on the charges, the government successfully moved to freeze their assets, thereby leaving them without the funds to retain the counsel of their choice.
Fighting white collar crimes is complex. The Kaleys reasonably wanted to retain a lawyer with the skills necessary to raise a strong defense. The Kaleys claim that the ruling denies them the right to counsel of their choice, a violation of their Sixth Amendment rights. In February of this year, the U.S. Supreme Court approved the lower court’s decision to allow forfeiture of the Kaleys’ assets without a pretrial hearing.
The opinion in Kaley v. United States says, “When challenging the legality of a § 853(e)(1) pre-trial asset seizure, a criminal defendant who has been indicted is not constitutionally entitled to contest a grand jury's determination of probable cause to believe the defendant committed the crimes charged.”
If you have been charged with a white collar crime, do not delay in consulting a defense attorney who can advise you on protecting your assets from government forfeiture and fight the criminal charges.