A heated debate played out at the Fourth Circuit on Wednesday over a Maryland defense attorney's bid to overturn his money laundering conviction connected to a drug-dealing client, with the chief judge accusing a federal prosecutor of potentially treading on the Sixth Amendment right to counsel (article available here).
Saying the case wades into "incredibly dangerous territory," the Chief U.S. Circuit Judge questioned Assistant U.S. Attorney Leo Wise during oral arguments about whether Kenneth Ravenell's actions as a defense attorney crossed over into the realm of criminal activity. A federal jury convicted Ravenell at trial on one count of conspiring to launder his client's drug money, prompting him to appeal on the grounds the jury had been improperly instructed.
At issue in Wednesday's sometimes tense exchange with the chief judge was the time frame of the alleged conspiracy. "That's the problem," the chief judge countered. "[Ravenell's] a lawyer, he's supposed to represent people."
The chief judge said the government's case affects "one of the most precious rights that we have in our criminal justice system" — the right to independent counsel — and seemed to disregard certain limitations in the law that protect attorneys representing criminal defendants. “… I think this is a very dangerous case, for particularly any counsel.”
Federal prosecutors accused Ravenell, 63, of participating in a long-term conspiracy with one of his criminal defense clients, Richard Byrd, who headed a major marijuana trafficking operation. Byrd cooperated with the prosecution and testified that Ravenell laundered money for the operation through his law firm at the time, and provided other services, like advice on how to evade law enforcement. Jurors found Ravenell not guilty of most charges, including narcotics and racketeering conspiracy, but convicted him of money laundering. Ravenell was sentenced to four years and nine months in prison last year.