United States v. Christopher Kim

Christopher Kim and members of his family defeated the Government’s attempts to forfeit property seized in connection with a criminal investigation. Thereafter, Kim received several significant awards of attorney’s fees. Eric Honig, Kim’s lawyer, asked the district court that he be paid those fees directly, pursuant to an assignment in their representation agreement. The Government asserts that the Anti-Assignment Act, 31 U.S.C. § 3727 , voids such an assignment.

We agree that the Anti-Assignment Act invalidates an assignment of an .award of statutory attorney’s fees against the United States from the claimant to his attorney. However, the Anti-Assignment Act goes no further. The Act does not prevent an attorney from taking an interest in the fees that is effective against the Govern ment; it merely forbids an assignment of the right to be paid directly from the United States Treasury. We have jurisdiction under 28 U.S.C. § 1291 , and we vacate and remand for further proceedings.

BACKGROUND

Pursuant to a request for extradition from the Republic of Korea, where Kim was charged with fraudulently obtaining funds from companies that he controlled (DAS Corp. and Optional…