Miami Bar Turns out in Droves to Honor Ben Kuehne

[WSJ Law Blog]

MIAMI — On Friday, when we noted that Miami lawyer Ben Kuehne, who’s been indicted on money laundering charges, was going to receive an award from a prominent group of Florida’s criminal defense attorneys for his “commitment to preserve the constitutional rights of all citizens,” the contrast struck us. Here was Kuehne — vigorously pursued by the DOJ for allegedly disguising tainted money when he approved a legal fee from convicted drug dealer Fabio Ochoa Vasquez to his attorney, Roy Black — being honored by a room of more than 400 lawyers, judges and other South Florida bigwigs.

Intrigued, the Law Blog fired up Law Blog One, a/k/a JetBlue, and escaped to Miami this weekend to attend the 45th anniversary and awards banquet of the Florida Association of Criminal Defense Lawyers.

At the event, Kendall Coffey, the former U.S. attorney for the Southern District of Florida, and Jeff Weiner, the former president of the National Association of Criminal Defense Lawyers, both called Kuehne one of the most ethical members of the Florida bar and expressed dismay over the prosecution. Kevin Emas, a circuit court judge in Dade County, told the Law Blog that Kuehne’s reputation is not a matter of opinion, but a “point of fact.”

Taking the podium, Kuehne waited for the rousing applause to die down, and then began his acceptance speech with a brief discourse on the importance of justice. “The U.S. is fortunate that our system of justice is premised on the ability of the people to rely upon the advocacy of lawyers,” he said. “Our constitution guarantees that right, a right that is at the core of our system of justice.”

Kuehne spoke not only to his audience of criminal defense lawyers, but also to his case, which some say sends a discouraging message to lawyers who take large fees for defending drug dealers. Roy Black, the lawyer who represented Ochoa Vasquez in the underlying drug case, made $5.2 million; Kuehne, hired by Black to vet the funds used to pay Black’s fee, made $200,000.

Kuehne went on to allude to John Adams, “a patriot who was called a traitor” for defending British soldiers who were charged after the Boston Massacre, and former Supreme Court Justice, Hugo Black, who said that a democratic society requires lawyers who will defend unpopular clients and causes. “We live in a time that is not kind to the justice system,” said Kuehne, “when the right to counsel is under attack, when those who oppose government overreaching are viewed as trouble. Today, it’s a recurring problem that, within government circles, lawyers are the problem.”

In conclusion, Kuehne, the former president of the Dade County Bar Association, thanked the community for its support, and asserted his resolve. “I have experienced firsthand the willingness of our profession to rally around and provide support and assistance in my own time of strife,” he said, in what was an emotional moment for some of his family and colleagues. “It has been said that the ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands in times of challenge and controversy. This is a time of challenge and controversy, and I intend to be measured as I prevail in this challenge.”

And finally, some levity: “As I look across this room and see countless numbers of bowties, I know that I have found a jury of my peers.”

We’ve reached out to the DOJ and will let you know if we hear back.