2302

Application of Forfeiture Provisions to Assets Transferred to Attorneys as Fees for Legal Services

As a result of the forfeiture provisions concerning third party transferees, assets transferred by a defendant to an attorney for payment of legal fees may be subject to forfeiture if the government proves that the fee was paid from assets that are forfeitable. An attorney would be entitled to keep the assets only if he/she could prove at a post-forfeiture proceeding that he/she was a bona fide purchaser and was reasonably without cause to know the asset was subject to forfeiture.