By CURT ANDERSON
Associated Press

MIAMI (AP) - In a ruling hailed as a victory by defense lawyers, a federal judge dismissed a money-laundering conspiracy charge Dec. 22 against a prominent lawyer accused of illegal dealings with a Colombian drug lord.

The issue was whether $5.2 million transferred from Colombia to the accounts of attorney Ben Kuehne was exempt from criminal prosecution because it was essentially legal fees. Kuehne's attorneys and defense lawyers' groups argued that the conspiracy charge against him violated the Sixth Amendment's guarantee that a person charged with a crime has a right to a lawyer.

U.S. District Judge Hon. Marcia Cooke agreed, rejecting the U.S. Justice Department's contention that the payments were not necessary for the defense of Colombian drug baron Fabio Ochoa, who was eventually convicted and sentenced to prison.

"Congress has explicitly exempted from the money-laundering statute transactions necessary to preserve a person's right to representation," Cooke said in a 13-page ruling. "If I were to construe the statutory exemption as the government suggests, the exemption for such transactions would amount to no exemption at all."

The National Association of Criminal Defense Lawyers, which filed briefs in the case, had argued that the conspiracy charge against Kuehne could deter lawyers around the country from representing numerous clients whose legal fees might stem from questionable sources.

"Although the government tried to put a knife in the back of the Sixth Amendment, Judge Cooke rightfully and wisely turned the government's attempt away," said David Markus, a Miami lawyer who represents the national lawyers' group in the Kuehne case. "A big victory for criminal defense lawyers around the country."

Kuehne, 54, known for his bow ties, represented Vice President Al Gore in the 2000 Florida vote recount and was a member of the Florida Bar board of governors. He still faces other charges, including obstruction of justice and wire fraud, but the conspiracy count was considered the heart of the case.

"This is an important ruling, and we're gratified by it," said John Nields, a Washington attorney representing Kuehne.

The Justice Department did not indicate whether it would appeal the ruling. "We will review the court's decision," spokeswoman Laura Sweeney said last week.

The case revolves around letters Kuehne wrote in 2002 and 2003 to another high-profile Miami lawyer, Roy Black. The letters verified that a review had concluded that Ochoa had money to pay Black that was untainted by the drug trade. Black paid Kuehne $200,000 for his work.

Prosecutors contend that Kuehne knew the money was drug proceeds and that he and others prepared false documents to make it look otherwise.

If convicted on the remaining charges, Kuehne could still be forced to forfeit the entire $5.2 million paid to Black's firm. Cooke said drug proceeds are not exempt from forfeiture even if they are paid as legal fees.