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University of Baltimore Law Review

Abstract

In 1984 Congress amended the criminal forfeiture provisions of the RICO and CCE statutes. The Department of Justice has interpreted the amended laws to allow for the restraint and forfeiture of assets transferred by a defendant to defense counsel as compensation for legitimate legal services. This comment explores the legislative history of the amendments, as well as the constitutional and ethical concerns which arise under the Department's interpretation, to conclude that Congress did not intend bona fide attorneys' fees to be subject to the forfeiture provisions of the RICO and CCE statutes.

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