by Chivis Martinez for Borderland Beat
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The answer: sorry, no guarantees that we will not go after your paid fees.
Before they get into the case the new legal team of El Chapo Guzman wanted assurances from the United States government not to go after their paid fees in a form of forfeiture. On Friday August 11th, the feds sent a letter to the court addressing this and other issues. [read the letter below in the included scribd document.]
“Certain private counsel have contacted the government and advised that they have obtained signed retainer agreements from the defendant. These attorneys, however, have sought prospective, written assurance that the government will not seek, at any time, to forfeit any legal fees collected by them for their representation of the defendant. In response, the government has advised private counsel that it will not grant a blanket, prospective assurance that it will forgo forfeiture of any and all funds received from the defendant for his legal fees. The government also advised that, should an actual forfeiture issue arise with respect to attorney fees, the parties can address the issue at that time. Therefore, the government respectfully requests that the Court deny the defendant’s request to set a deadline to provide the aforementioned assurance as moot.”
The answer: sorry, no guarantees that we will not go after your paid fees.
At a federal court hearing on Monday, U.S. District Judge Brian Cogan advised Chapo’s legal team, that if they took the case, there was no guarantee that prosecutors wouldn't later seize their fees if they it could been demonstrated that the funds came from his organized crime empire.
Judge Cogan stated; "I'm not going to pressure the government to create a carve-out for counsel fees,"
There is a point of law, that defense monies but be “clean”. That is why high profile narcos, who qualify being included in the “Forbes wealthiest” lists, have used public defenders and do not have a high powered, densely staffed legal team.
In effect, funds they have, or have invested must be proven to not have been acquired through an unlawful manner or through criminality.
Ditto for any funds used to pay legal fees. For example from family funds will be scrutinized. And for that matter if Carlos Slim or Bill Gates suddenly had a mental lapse and wanted to fund Chapo’s defense, he could, but then every aspect of his personal wealth would be subject to government eyes. Not likely to happen.
A bright spot for the diminutive capo, was that family members were in the courtroom. Although he was not allowed to speak to his family, he smiled and waved acknowledging their presence.
Tomorrow Chapo will be allowed to visit his sister, the first visit by any family member he has been allowed. Other than his visits from his legal team, he has been allowed no visitors. Even his attorneys have had to visit “no contact”, with a glass partition between them.
In a press conference after Monday’s hearing Chapo’s tentative attorney Jefferey Lichtman said, "We are looking forward, desperately, to come into this case and fight for Joaquin Guzman. ... The guy has a constitutional right to the best counsel he can get”.