United States v. Unimex, Inc.

Unimex, Inc. is a corporation convicted of conspiring to launder drug money and to fail to file currency transaction reports in violation of 18 U.S.C. § 371 , and of willfully failing to file currency transaction reports in violation of 31 U.S.C. §§ 5313 , 5322(b). We have affirmed, in a separate unpublished disposition, the conviction of Unimex’s president, Raul Velasquez, on related charges. We reverse the corporation’s conviction, because it was denied due process of law under the Fifth Amendment and its right to counsel under the Sixth Amendment. Unimex was effectively prohibited from defending itself.

Unimex was not represented by counsel in its trial. All of its assets had been seized prior to trial. Based upon affidavits and such additional evidence as it might present at a hearing showing that much or all of its assets were untainted by crime, Unimex sought return of $100,000 of the $2,000,000 seized, to retain counsel. The motion was denied without an evidentiary hearing. Without money, Unimex could not retain counsel. Counsel could not be appointed for it under the Criminal Justice Act, because it is a corporation. Counsel could not ethically represent Unimex on…