Fort Lauderdale Frozen Assets Attorney
When you are accused of a crime, you have the right to hire an attorney of your choice, so long as you are not appointed a public defender. Most Americans believe they have this right. However, in some cases the prosecutor is able freeze the defendant’s assets after the arrest and before the trial, and can secretly seek the district judge’s permission to do so. While our justice system believes that you are innocent until proven guilty, the actions of the prosecution and judge, in this case, seem to show otherwise. But, because the Sixth Amendment grants the right for a defendant to have the attorney of their choosing, isn’t this statute in violation of our rights? If you have been charged with a crime and have had your assets frozen or restrained, contact experienced Fort Lauderdale frozen assets attorney Deric Zacca, P.A. today at 954-450-4848 for immediate assistance to resolve the matter as quickly as possible.
Federal Statute 18 USC § 1345 and and 18 US Code § 3322
The federal statute 18 U.S. Code §1345 permits the United States to freeze or restrain a defendant’s assets before trial when the defendant has been accused of healthcare fraud or banking violations, as defined in federal statute 18 US Code § 3322. The funds, according to the statute, that can be frozen or restrained have to be:
- Obtained as a result of a banking law violation or a Federal health care offense; and
- Property which is traceable to federal health care offense or banking violation.
The statute prohibits “any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value.”
Luis Vs. United States
In recent years, the government took this action with a defendant (Luis v. United States). Ms. Luis had submitted $45 million in fraudulent healthcare claims. The federal government attempted to freeze $2 million in clean funds. Mr. Luis was able to successfully argue that her Sixth Amendment rights were being violated, and the Supreme Court overturned the prosecution’s frozen asset attempt.
Fort Lauderdale Defense Attorney and Frozen Assets After Arrest and Before Trial Specialist
Our legal system has many unfair flaws that often end up sending innocent people to prison and punishing those that are guilty too harshly. This frozen asset statute is just one more example of a system rigged against citizens that should be treated innocent until proven guilty. By freezing your assets, the prosecution greatly limits your ability to hire the most experienced, professional defense team, increasing your chances of unfairly being found guilty in a court of law. Don’t let this happen to you. There is hope; contact Deric Zacca, P.A., an experienced Fort Lauderdale frozen assets attorney today at 954-450-4848. We will begin quickly working on overturning the prosecution’s attempt to freeze or restrain your assets so that you can have the fair and unbiased trial or hearing that you deserve.