U.S. v. Kielar

In prosecution on charge of defrauding health insurance companies by submitting fraudulent claims for certain prescription drug, Dist. Ct. did not violate defendant’s right to counsel by failing to hold evidentiary hearing prior to denying defendant’s motion to release proceeds of sale of defendant’s Florida property to use for payment of his counsel’s legal fees. Defendant waived any potential error when his counsel affirmatively stated in Dist. Ct. proceeding that defendant would not be asking for evidentiary hearing concerning dispute over release of said proceeds, and govt. showed at initial stage that Florida property was subject to forfeiture. Also, defendant failed to present any documentary evidence, other than his unsubstantiated affidavit, to demonstrate that release of proceeds was necessary to conduct his defense.