United States v. Bonventre, No. 12-3574 (2d Cir. 2013)
Annotate this CaseDefendant sought a hearing under United States v. Monsanto to recover restrained monies to fund his counsel of choice in a civil action. The court held that a defendant seeking a Monsanto or Monsanto-like hearing must demonstrate, beyond the bare recitation of the claim, that he or she had insufficient alternative assets to fund counsel of choice. Therefore, the court affirmed the district court's denial of defendant's motion because the district court gave defendant ample opportunity to demonstrate that he had insufficient unrestrained assets to fund his defense with counsel of choice in his parallel criminal case - which he failed to do.
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