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New Prosecutors Consider Dropping Some Charges Against Attorney Accused of Laundering Drug Profits
Daily Business Review
March 28, 2008
The Justice Department has switched lead prosecutors and will consider dismissing charges against Miami attorney Ben Kuehne and two Colombians, the government said in a court filing.
Kuehne, who represented Vice President Al Gore in the 2000 presidential recount, stands accused of laundering drug profits while vetting $5.3 million in defense fees for convicted trafficker Fabio Ochoa Vasquez.
Kuehne's attorneys filed motions asking for dismissal of an obstruction of justice charge and for a bill of particulars, charging prosecutors ignored a 1988 exemption passed by Congress to protect lawyers from prosecution.
"There have been discussions at the Department of Justice concerning whether there should be a voluntary dismissal of these counts," Washington prosecutors responded in a court filing Monday. "In that event, the current defense motions would become moot."
But it was unclear which charges prosecutors were considering for dismissal.
The government motion for additional time to respond to defense pleadings said Assistant U.S. Attorney Robert Feitel, the newly assigned lead prosecutor, "has undertaken a review of the current charges in the case." No explanation was offered for the change.
The defense attorneys consented to the government's request for more time to respond to its motions at a hearing Tuesday before U.S. District Judge Marcia Cooke in Miami.
Jon May, criminal defense attorney with May & Cohen in Fort Lauderdale, Fla., said he can't remember a case where the government has changed prosecutors post-indictment and announced a review to determine if charges should be dropped.
"This to me is an extraordinary development, which indicates someone has serious questions about the case either factually or legally," said May, who served as co-counsel for deposed Panamanian dictator Manuel Noriega in his drug case. May will be involved in coordinating a legal defense fund for Kuehne.
In an indictment unsealed Feb. 7, Kuehne was charged with four counts of money laundering, one count of money laundering and one count of conspiracy.
Two money laundering counts were dropped March 14 against his Colombian co-defendants -- attorney Oscar Saldarriaga Ochoa and accountant Gloria Florez Velez -- because the statute of limitations had expired.
The indictment was issued in 2005 but remained dormant until Kuehne was added to the sealed case last October.
Kuehne's motion claimed the indictment failed to spell out the particulars of his alleged obstruction, such as whether it was by influencing witnesses or a grand juror, or through false testimony.
Defense attorneys also want the government to provide further details about how Kuehne's actions in vetting money that went to Ochoa attorney Roy Black of Miami violated the law.
The indictment charged Kuehne vouched for $1.8 million that came from businessman Hernando Saravia, but the money was tainted funds monitored through federal drug stings.
Miami criminal defense attorney David O. Markus said it is hard to discern what prosecutors mean by their reconsideration of "these counts" -- all of them or just the obstruction charge.
"I really hope they do the right thing and dismiss this case," Markus said. "Unfortunately, we can't go back in time because Ben's life has been turned upside down by this case unjustifiably so."
Kuehne, besides representing Gore, is known for pro-bono work championing civil rights in the courtroom. He opposed the nullification of Miami-Dade's Human Rights Ordinance, litigated the arbitrary applications of immigration policy and preserved voter eligibility. He was a Spirit of Liberty honoree for People for the American Way in 2006. Some of his supporters have suggested that his prosecution could be politically motivated.
Kuehne is a member of the Florida Bar's board of governors but is not seeking re-election. He dismantled his Miami law practice with former partner Jon Sale after word of the federal investigation leaked.
A trial date has been tentatively set for Jan. 20, 2009.
