Caplin & Drysdale, Chartered v. United States: Seizing Attorney Fees-Frozen Assets or Frozen Justice? The Sixth Amendment Right to Counsel of Choice is Given the Cold Shoulder
Vella, Anthony G.
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This note examines the United States Supreme Court decision that found confiscation of criminal defense attorney fees under RICO and the continuing criminal enterprise statutes is permissible under the sixth amendment. The Court's reasoning is presented in this note. The note analyzes the Court's decision through the eyes of the dissenters and other commentators opposed to the result. The author concludes that this decision has rendered the sixth amendment right to counsel of choice an insubstantial right and damaged the integrity of the adversary system in our courts.