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Perspectives

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Miami federal magistrate backs ex-Rep. Rivera’s bid to unfreeze assets to pay lawyer

Partners in Jones Walker’s Litigation Practice Group recently played a vital role in securing an unprecedented ruling from a US Magistrate Judge in Miami, on behalf of our client, former US Congressman David Rivera. US Magistrate Judge Edwin Torres granted our client and his co-defendant's joint motion to lift the lis pendens filed by the government against several pieces of real property that had only been listed in the indictment filed against them as substitute assets. Central to the Order was the US Supreme Court's 2015 decision in Luis vs US which served as a catalyst to the Court's Order.  I am proud to be a part of this dedicated team alongside Edward Shohat and Monique Garcia.  Our client's co-defendant was represented by David O. Markus and Margot Moss.

In his 23-page decision, Torres agreed with the defendants that “neither state nor federal law grants [prosecutors] the authority to constrain innocent assets in this manner prior to trial and conviction.”