Can the Government circumvent Luis v. United States protections

QUESTION(S) PRESENTED Can the Government circumvent Luis v_United States, 578 U.S. ’ 136 S. Ct. 1083 (2016) protections by using a civil proceeding to freeze untainted assets --namely an errors and omissions policy-a few months prior to initiating a criminal proceeding for the same acts as the civil case, preventing defendant exercising his right to choose criminal counsel. Can an errors and omissions policy secured prior to the commencement of the charged acts, with untainted funds, be subject to an asset freeze order or criminal forfeiture when the primary purpose of the policy is to cover the representational expenses incurred and is payable directly to the attorney or firm? Did the Eighth Circuit fail to adhere to Slack v_McDaniel's, 529 U.S. 473 (2000), minimal requirements in denying --without Luis C.O.A. claim when every other circuit would, and has, disagreed with the district court's opinion?