Jeremy D. Frey, a partner in the White Collar Litigation and Investigations Practice Group of Pepper Hamilton, was quoted in the July 19, 2016 Bloomberg BNA Criminal Law Reporter article, "SCOTUS Term Spotlights Exclusionary Rule, Sentencing."
Jeremy D. Frey, of Pepper Hamilton LLP, Philadelphia, flagged the decision in McDonnell v. United States, No. 15-474, 2016 BL 205026 (U.S. June 27, 2016) as one of the top three headliners of the term.
In a unanimous opinion written by Chief Justice John G. Roberts Jr., the court picked up where it left off in Skilling v. United States, which limited the honest services law to bribes and kickbacks, and made it clear that prosecutors can't prove public corruption unless there is a formal exercise of government power, Frey told Bloomberg BNA.
Although there were no big-ticket Fifth Amendment right-to-counsel decisions this term, Frey told Bloomberg BNA that Luis v. United States, No. 14-419, 2016 BL 192369 (U.S. March 30, 2016) was significant because it strengthened the Sixth Amendment right to hire counsel of choice and placed limits on the government's ability to freeze a suspect's untainted assets.
When the court last addressed these types of issues in United States v. Kaley, it ruled there is no constitutional right to revisit a grand jury's finding of probable cause in a pretrial hearing challenging the restraint of potentially forfeitable assets needed to hire counsel of choice. This time around, Frey said, the court used the balancing approach to side with the cash-strapped defendant.
“The promise of Kaley that there are particular constitutional limits on pretrial asset freezes respecting assets without the requisite connection to the crime played out in Luis where Sixth Amendment principles were applied to cabin pre-conviction asset restraints of untainted property needed for counsel,” he said.