United States v. Konrad

The Criminal Justice Act, 18 U.S.C. 3006A(a), requires courts to furnish legal counsel to criminal defendants “financially unable to obtain adequate representation.” Konrad was appointed a federal defender based on information he provided in a financial disclosure affidavit. At sentencing, the district court found discrepancies between Konrad’s presentencing report and his financial disclosure and, after a hearing, found that Konrad had $70,463 in two individual retirement accounts so he was not financially unable to pay the cost of legal representation. Konrad had failed to disclose the value of his home , had significantly under-reported income, and had reported the value of the retirement accounts inaccurately. The court ordered Konrad to repay $6,000. The Third Circuit affirmed; individual retirement funds and jointly-held bank accounts can be available funds within the meaning of the Criminal Justice Act and the court acted within its discretion in ordering Konrad to repay the market value of his legal representation rather than the hourly rate paid to an attorney appointed under the Criminal Justice Act. View "United States v. Konrad" on Justia Law