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The Uncertain Implications of Luis v. United States

The Supreme Court’s recent opinion in Luis v. United States forecloses the government’s use of a defendant’s seized ‘‘untainted’’ assets. Paul Hastings attorneys Anand B. Patel and Mark D. Pollack note that the opinion can be applied to different statutes such as the Economic Espionage Act. They suggest, however, that before the holding becomes the boon for defendants many are predicting, several questions need to be answered, including who has the burden of showing that the assets are tainted, will the applicable burden of proof be elevated beyond the traditional ‘‘probable cause’’ standard, and will assets transferred to innocent third-parties be subject to pretrial seizure?

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