can-the-courts-prosecute-indigent-companies-without-legal-representation

QUESTION PRESENTED ‘The question presented here is, “can the courts prosecute (indict, try and sentence) indigent Companies without legal representation?" Without legal representation, the Constitutional rights of the Company, and the Companies' former manager, are violated when no attorney is present to challenge (1) the faulty basis of "fraud" leveled against the Companies in order to (2) illegally seize Company assets to (3) meet, yet challenged, unmet claims of restitution against the former manager, claims challenged in a §2255! approved for review by Judge Strand, (4) wherein, under duress and threat of additional loss of liberty (being sent back to county jail resulting in loss of FSA credits), the former manager was forced to represent the Companies for oo . prosecution, (5) wherein the untained assets, intended to pay legal expenses, of the Companies, and former manager, were seized to meet the yet challenged, unmet claims of restitution, and (6) the Companies were treated, in all respects, like "persons", yet, based on the ruling in “California Men's Colony II" were not afforded “representative counsel" as afforded “natural persons." Constitutional violations result from lack of appointment of legal representation for indigent Companies. Appointment of counsel for indigent Companies differ from Circuit to Circuit based on interpretations of "Rowland v. California Men's Colony : I1,"506 U.S. 194 192 S Ct (1993). Courts in the 9th, 3rd, 5th, 6th and 7th Circuits ruled that indigent Companies could not be prosecuted without legal representation. . However, in this case, the Northern District of Iowa indicted the Companies, seized their assets, and the assets of the former manager, appointing the incarcerated former manager to represent the Companies or face additional prison time, refusing to appoint legal representation for the Companies even though the former manager, Smith, was challenging his indictment in "approved for review" §2255. Although the Companies were given a “Certificate of Appealability", the Eighth Circuit denied the right to appeal due to lack of legal representation a Catch 22 take all the assets to pay for , representation — then demand the Companies hire representative counsel, or appeal denied. 1, See