January 9, 2009
National Law Journal
By Julie Kay
The trial of prominent Miami attorney Ben Kuehne on money laundering charges has been postponed until April 27, due to a pending appeal, upcoming depositions in Colombia and the presidential inauguration.
Kuehne, a former member of the Florida Bar Board of Governors and former president of the Dade County Bar Association, was charged last year with laundering drug trafficking money for legal fees. Kuehne's indictment by the Justice Department in Washington was connected to his vetting of legal fees for Miami attorney Roy Black in the case of Colombian drug kingpin Fabio Ochoa.
Kuehne's indictment stunned the Miami legal community, which has rallied around the lawyer they have called one of the most respected in town. U.S. District Judge Marcia Cooke dismissed the crucial charge in the case on Dec. 22, 2008, giving Kuehne an unexpected Christmas present. Prosecutors appealed on Tuesday to the 11th U.S. Circuit Court of Appeals.
At Thursday's status hearing, Cooke postponed the trial until April 27. It was originally scheduled for Jan. 20.
Lead prosecutor Robert Feitel told Cooke a final decision on whether the appeal will go forward has not yet been made. "Some review…at the top levels needs to take place," he said.
Also holding up the trial is a trip that needs to be scheduled to Colombia by both sides to interview witnesses. Feitel said he had one deposition to take in Colombia, and defense lawyer John Nields said he has three potential witnesses to interview and is trying to convince one to testify in the United States. The defense plans two trips to Colombia, one to Bogota and one to Medellin, Nields of Howrey in Washington said.
Additionally, Nields said, inauguration week "is not a good time" to have the trial. Nields was a big financial supporter of Obama's and is planning on attending the inauguration.
Finally, prosecutors and defense lawyers have a discovery dispute they will try to resolve at a meeting on Monday in Washington, Nields said.
Prosecutors and the defense also hugely differed on how long the trial will take. While the defense estimated it would take two weeks, prosecutors estimated six. "Given the [small] number of witnesses called, that seems odd," said Nields. Six other counts are still pending against Kuehne.