2309
At the Time of the Transfer
|
For purposes of these guidelines, a transfer occurs at the time an
attorney
becomes entitled to the asset free from any claim by the defendant or
others.
For example, if an asset is transferred to an attorney to be held in trust
for
the defendant, with the understanding that the attorney shall be entitled to
a
portion of the asset for legal services rendered, the time of the transfer
will
be the time at which the attorney renders the services and becomes entitled
to
the asset. If he/she has the requisite knowledge at that time, the asset
may be
subject to forfeiture.
[cited in USAM 9-119.202] | |