United States v. Nichols

I agree with the majority opinion that the language of the Comprehensive Forfeiture Act (CFA), 21 U.S.C. § 853, does not permit the exemption of attorney’s fees from otherwise forfeitable property. Congress appears to have intended to foreclose the use of such property for payment of attorney’s fees to the extent the Constitution permits. I also agree with the majority that the case is in a posture requiring us to decide the constitutional issue. I cannot accept the majority’s conclusion, however, that 21 IP.S.C. § 853 is constitutional insofar as it forecloses persons accused of a crime from…