In the mid-1980s, Congress passed tough money laundering laws, the Sentencing Reform Act of 1984 and the Money Laundering Act of 1986, which gave federal prosecutors powerful new weapons in the narcotics war. It enabled them to put anyone who took money originating from drug trafficking or other illegal activities in prison. But some defense attorneys say these statutes were never intended to be used against attorneys representing defendants in these cases. Barry Sabin, the First Assistant U.S. Attorney in Miami, declined to comment for this article, saying it would be inappropriate while the Taylor case is under way. But in the past, federal prosecutors have denied they are targeting defense lawyers in an effort to prevent drug dealers and white-collar criminals from hiring top legal talent.
Defense lawyers are dubious.
You can't use your dirty money to hire a lawyer. If scaring lawyers out of representing criminal defendants was indeed the Justice Department's goal, the feds seem to have succeeded. Another prominent criminal defense lawyer, Steve Bronis, a partner with Zuckerman Spaeder in Miami, says he hasn't accepted a drug case in seven years. A broader problem, according to the South Florida defense bar, is that the government also is scrutinizing legal fees paid by those charged with white-collar crimes such as health care fraud and securities fraud. Hirschhorn ultimately convinced prosecutors that the source of the funds was the client's refinancing of his house and lawful wire transfers.