United States DC Circuit

Order upholding an asset seizure order and post-indictment restraining order applicable to the assets and records of transactions of a corporate entity is vacated and the case remanded where, when the government has obtained a seizure warrant depriving defendants of assets pending a trial upon the merits, the constitutional right to due process of law entitles defendants to an opportunity to be heard at least where access to the assets is necessary for an effective exercise of the Sixth Amendment right to counsel.

Appellate Information

• Argued 10/26/2007
• Decided 04/11/2008
• Published 04/11/2008

Judges

• Before:  SENTELLE, Chief Judge;  KAVANAUGH, Circuit Judge;  and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lawrence S. Robbins argued the cause for appellants.   With him on the briefs was Donald J. Russell.  Andrew S. Ittleman and Aron U. Raskas entered appearances.


• For Appellees:
  
• Suzanne C. Nyland, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, Roy W. McLeese, III, Lisa H. Schertler, William R. Cowden, Assistant U.S. Attorneys, and Kimberly Kiefer Peretti, Senior Counsel, U.S. Department of Justice.