UNITED STATES of America, Plaintiff-Appellee,
v.
Daniel BONVENTRE, Barbara Bonventre, Claimants-Appellants,
$304,041.01 on Deposit at Citibank, et al., Defendants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Andrew J. Frisch ( Jeremy B. Sporn , on the brief), The Law Offices of Andrew J. Frisch, 40 Fulton St., New York, NY, for Defendants-Appellants.
Before: WALKER, SACK, and LYNCH, Circuit Judges.
United States Court of Appeals, Second Circuit.
JOHN M. WALKER, JR., Circuit Judge:
In United States v. Monsanto,924 F.2d 1186 (2d Cir.1991) (en banc), we held that the Fifth and Sixth Amendments entitle a criminal defendant seeking to use restrained funds to hire counsel of choice to an adversarial, pre-trial hearing at which the court evaluates whether there is probable cause to believe (1) that the defendant committed the crimes that provide the basis for the forfeiture...
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