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" ... The plurality decision makes an unworkable distinction between "tainted" and "untainted" funds, Kennedy went on. They can transfer tainted funds to family members and third parties -- as Luis was accused of doing in this case -- or shuttle it through multiple accounts. The decision also creates “arbitrary distinctions between defendants,” Kennedy wrote, using an absurd example: Imagine a defendant embezzles $1 million and wins $1 million in the lottery. Does the Sixth Amendment prevent the government from freezing the lottery proceeds but not the stolen money, Kennedy asked? What if they are in the same account? ... "