The legislative history of the amended statutes is examined in detail, along with relevant case law in which the Supreme Court concluded that Congress purposely omitted an exemption for attorneys' fees in the RICO and CCE forfeiture provisions. The constitutional implications of fee forfeiture and the right to counsel are discussed in detail. While prosecutors applaud forbidding the use of illicit assets for a defendant's legal fees, defense attorneys argue that the Court's decision undermines the sixth amendment rights of defendants and prevents the adversarial system from functioning properly. 100 footnotes.