United States v. Peter Monsanto

MAHONEY, Circuit Judge,

with whom Judges CARDAMONE and PIERCE join except as to Section D of this opinion, dissenting:

I respectfully dissent, and would decide the in banc appeal in accordance with the majority opinion in the original panel determination reported at 836 F.2d 74 (2d Cir. 1987), familiarity with which is assumed. The case is here on appeal from denial of a motion to vacate or modify a post-indictment restraining order (1) to permit appellant Peter Monsanto to use restrained assets to retain private trial counsel, and (2) to exempt legal fees paid to such counsel from post-trial…