Fla. judge strikes key charge against lawyer
Headline News
In a ruling hailed as a victory by defense lawyers, a federal judge on Monday dismissed a money-laundering conspiracy charge against a prominent attorney accused of illegal dealings with a Colombian drug lord.
The issue was whether $5.2 million transferred from Colombia to the accounts of attorney Ben Kuehne were exempt from criminal prosecution because they were essentially legal fees. Kuehne's lawyers and defense attorneys' groups argued that the conspiracy charge against him violated the Sixth Amendment's guarantee that a person charged with a crime has a right to a lawyer.
U.S. District Judge Marcia Cooke agreed, rejecting the U.S. Justice Department's contention that the payments were not necessary for the defense of Colombian drug baron Fabio Ochoa, who was eventually convicted and sentenced to prison.
"Congress has explicitly exempted from the money-laundering statute transactions necessary to preserve a person's right to representation," Cooke said in a 13-page ruling. "If I were to construe the statutory exemption as the government suggests, the exemption for such transactions would amount to no exemption at all."
The National Association of Criminal Defense Lawyers, which filed briefs in the case, had argued that the conspiracy charge against Kuehne could deter lawyers around the country from representing numerous clients whose legal fees might stem from questionable sources.
Related listings
-
Prominent NY law firm seeks bankruptcy protection
Headline News 12/19/2008The receiver assigned to run a prominent Manhattan law firm after its founder was charged in a massive fraud says the firm will seek bankruptcy protection.In a recent letter to a federal judge, the receiver said founder Marc Dreier also may seek prot...
-
Report: Justice lawyer leaked surveillance program
Headline News 12/14/2008A former Justice Department lawyer says he tipped off the news media about the Bush administration's warrantless eavesdropping program because it "didn't smell right," Newsweek magazine reported Sunday.Thomas Tamm, whose suburban Washington home was ...
-
High court hears dispute over religious monument
Headline News 11/12/2008Supreme Court justices warily confronted a free speech dispute Wednesday over a small religious group's efforts to place a monument in a public park.The justices seemed reluctant to accept the arguments put forth by the religious group known as the S...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.