Marshank

On July 26, 1990, defendant Steven M. Marshank and two co-defendants were indicted and charged with federal statutory violations related to their alleged membership in an organization which imported large amounts of hashish and marijuana into the United States. Marshank brings this motion to dismiss the indictment against him, alleging that the United States government (“government”) violated his Sixth Amendment right to counsel and Fifth Amendment right to due process. Specifically, Marshank alleges that throughout the investigation of his case, his former attorney, Ronald Minkin, had an ongoing relationship with government agents from various federal law enforcement agencies and the Assistant United States Attorneys (“AUSA”) assigned to his case. Marshank alleges that these agents and AUSAs, with full knowledge that Min-kin was defendant’s attorney, encouraged Minkin to actively aid the government’s investigation of the defendant. Marshank further maintains that the government exploited the information they received from Minkin to arrest and prosecute him. This complicity, Marshank contends, occurred throughout the course of the investigation which led to a 1987…