When a criminal defendant’s assets are subject to forfeiture or an order of restitution following conviction, the federal government is typically empowered to commence a civil action prior to conviction to freeze those assets and thereby prevent their dissipation. The assets subject to a freezing order may include both tainted assets—property directly tied to the offense or traceable to it—and untainted assets—property unconnected to the offense that serves as a substitute.
What happens if the pretrial freeze of untainted assets prevents a defendant from hiring counsel of her choice?
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