DOJ Considers Dropping Charges Against Defense Lawyer
The Justice Department is considering whether to drop charges against a prominent Miami defense lawyer accused of laundering money by accepting fees from drug dealers.
A government motion (PDF) filed Monday says a new lead prosecutor is now handling the controversial case against Ben Kuehne and is undertaking a review of the current charges, the Daily Business Review reports. The motion seeks additional time to respond to a motion by Kuehne that seeks to dismiss an obstruction of justice charge and asks the government for a bill of particulars regarding money laundering and conspiracy charges.
Kuehne contends he accepted $5.3 million in fees in good faith that the money was clean. His motion says Congress amended a money-laundering law in 1988 to make clear that attorneys should not be prosecuted in such situations, but the government was “openly hostile” to the exemption.
It was not clear if the government was seeking to dismiss only certain charges, the Daily Business Review reports. Kuehne was charged last October and added to a dormant money laundering indictment against a Colombian attorney and accountant.
“The undersigned prosecutor has recently become lead counsel in this matter and has undertaken a review of the current charges in the case,” says the motion by Assistant U.S. Attorney Robert Feitel. “As part of that review process, there have been discussions at the Department of Justice concerning whether there should be a voluntary dismissal of these counts. In that event, the current defense motions would become moot. Unfortunately, the Department has not been able to reach a conclusion as to this matter.”
Criminal defense lawyer Jon May, who is coordinating a legal defense fund for Kuehne, said he can’t remember a case where the government changed course in this way. “This to me is an extraordinary development, which indicates someone has serious questions about the case either factually or legally,” he told the Daily Business Review.
