DISTRICT COURT KICKS BACK FRANCISCO ILLARRAMENDI'S PRO SE 2255 PETITION, TO ALLOW HIM TO OBTAIN COUNSEL

The Venezuelan hedge fund operator, Francisco Illarramendi, whose 13-year sentence, for operating a Ponzi scheme was affirmed by the Second Circuit last year, has had his §2255 Petition returned to him, to allow him to request appointment of counsel. the Court, suggesting that the case involved complex issues, has given Illarramendi thirty days, from June 20, to petition for appointment of an attorney to assist him.

It may be a waste of judicial resources; the petition alleges ineffective assistance of counsel, in entering a guilty plea, due to the fact that Illarramendi alleges that he did not have his choice of counsel in his case. In truth and in fact, the defendant went through four defense attorneys, causing his case to be delayed for years, as each new counsel requested additional time to become familiar with what was a very complex case.

The law does not require a defendant to have a specific attorney represent him, only a competent and effective one.