ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Friday, March 1, 1996                  TAG: 9603010068
SECTION: NATIONAL/INTERNATIONAL   PAGE: A-8  EDITION: METRO 
DATELINE: OCALA, FLA.
SOURCE: Associated Press 


FAMED LAWYER EVADES SPELL IN CELL U.S. SAYS BAILEY MUST FORK OVER FUNDS

F. Lee Bailey received a temporary reprieve Thursday night, hours before he was to report to federal prison for failing to turn over millions in cash and stock from a drug-dealer client.

The 62-year-old defense lawyer had been ordered to report to prison today for a six-month contempt of court sentence unless he could produce the money and stock, which prosecutors say belong to the government.

The11th Circuit Court of Appeals in Atlanta issued a temporary stay late Thursday. Prosecutors will file a response today, and Bailey's attorneys will respond Monday, calendar clerk Matt Davidson said.

Bailey says his former client gave him the assets, now worth $3 million cash and $18.7 million in stock, for legal fees and expenses.

Prosecutors claim most of it belongs to the government as part of the forfeiture to which the drug dealer agreed in a plea bargain, and Bailey was supposed to take only fees and expenses.

The courts have not settled that dispute, but U.S. District Judge Maurice Paul had ordered Bailey to post the money and stock Thursday pending a resolution.

Bailey's lawyers said he couldn't meet the deadline, in part because of legal and language difficulties with a Swiss bank.

Bailey - whose clients have included the Boston Strangler, Dr. Sam Sheppard, Patty Hearst and O.J. Simpson - said he tried to come up with the money and secure the transfer of 400,000 shares in Biochem Pharma, a Canadian company, from Credit Suisse.

He could avoid jail if he pays the government $700,000, returns the stock and pays off a $2.3 million lien against the stock. In addition, Bailey must provide documents detailing all the transactions.


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