US Supreme Court to Weigh Total Pre-Trial Asset Freezes

This week the United States Supreme Court heard oral arguments in Luis v. United States in which the United States Department of "Justice" is arguing it may seize all of a defendant's assets including those with no possible "criminal taint" before a case goes to trial (archived). The Department of "Justice" is arguing that it may seize any property which could later be used to satisfy a judgement even though doing so completely obliterates the defendant's ability to mount a credible defense. The Department of "Justice" tried to use this argument against foreign national Kim Dotcom, and it was rejected by the local courts in New Zealand who recognized that actual justice and fair trials depend on the defendant having an opportunity to challenge the prosecution's allegations.

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