An appellate court ruled Monday that the federal government was correct to seize about $250,000 worth of property from former state Sen. Thomas Bromwell that was never alleged to be involved in any wrongdoing.
The U.S. Fourth Circuit Court of Appeals declined to rehear the matter en banc ? with all the judges present. In other words, the judges believe the government had the authorityto take legitimate assets to replace suspicious funds they could not locate.
“Everything we?ve done in this case has been consistent with the facts and the law,” Maryland U.S. Attorney Rod Rosenstein said. “This opinion demonstrates, once again, that our actions in this case have been appropriate. If you had forfeitable assets and you spent them, the government is entitled to seize substitute assets.”
In court papers, Joshua Treem, Bromwell?s former attorney, argued that “a district court may not order the seizure of a defendant?s so-called substitute assets prior to a finding of guilt.”
Bromwell?s new attorney, Barry Pollack, said Bromwell will consider appealing the matter to the U.S. Supreme Court.
“It?s the kind of case the Supreme Court tends to hear,” Pollack said. “Every other [federal circuit court] says government does not have the right to freeze untainted funds before trial. They operate under the belief that a defendant is innocent until proven guilty. I think it would be an attractive case for the Supreme Court.”
In previous filings, Bromwell?s former lawyers complained that the government has seized all sources of income that the former powerful Democrat and his wife, Mary Patricia, intended to use to pay counsel, forcing the lawyers to essentially work for free.
They painted the seizure of Bromwell?s legitimate funds as yet another step in an unfair attack on the erstwhile political heavyweight.
But Rosenstein said those categorizations of his prosecutors? actions are incorrect.
“He?s been treated appropriately,” Rosenstein said. “It?s the defense attorney?s job to complain about the way the defendant is treated. Every step we?ve taken has been done professional.”
Bromwell served in the General Assembly for 23 years, including an eight-year term as president of the Senate Finance Committee. He and his wife were indicted in October 2005 in connection with their dealings with W. David Stoffregen, the former president of Poole and Kent, a mechanical-contracting firm.
Prosecutors say the Bromwells received more than $85,000 in construction work on their home and $192,000 for a no-show job taken by Mary Patricia Bromwell at a company operated by Poole and Kent. In exchange, Bromwell helped Stoffregen?s companies win multimillion-dollar minority contracts, prosecutors allege.
Stoffregen pleaded guilty in November. Six others have pleaded guilty in connection to the case.
