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In Honeycutt v. United States, the Supreme Court rejected the argument that a federal criminal forfeiture statute permits joint and several liability for criminal asset forfeiture judgments, thereby protecting defendants who were only marginally culpable for a larger offense.
In recent years, the U.S. Supreme Court has demonstrated a renewed willingness to police the boundaries of the law of asset forfeiture in order to make sure that defendants are treated fairly. In Honeycutt v. United States, 137 S. Ct. 1626 (2017), the Supreme Court rejected the argument that a federal criminal forfeiture statute permits joint and several liability for criminal asset forfeiture judgments, thereby protecting defendants who were only marginally culpable for a larger offense. One year prior, in Luis v. United States, 136 S. Ct. 1083 (2016), the Supreme Court held that pretrial restraint of legitimate, untainted assets violated the Sixth Amendment, when the government sought to secure the untainted property as substitute assets for eventual forfeiture or restitution. Last year, Justice Clarence Thomas even expressed an interest in the Court taking up the question of whether due process requires the government to prove its entitlement to civil forfeiture by clear and convincing evidence. Leonard v. Texas, 137 S. Ct. 847 (2017) (Thomas, J., concurring).
By Jonathan S. Feld, Dante Stella and Christina Brunty
As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment’s privacy protections are evolving. The critical question in Fourth Amendment cases is whether a person has a “reasonable expectation of privacy in the information or event.”
By Nekia Hackworth Jones
The U.S. Department of Justice Is Now Using The False Claims Act — Traditionally a Civil Enforcement Tool — to Combat the United States’ Sweeping Opioid Epidemic
The use of the FCA is part of a larger DOJ strategy to develop multi-faceted solutions for this public health emergency.
By Ronald H. Levine
The government’s seizure of attorney-client communications, a headline event when it involves the President’s lawyer Michael Cohen, actually is a recurrent problem in white collar criminal investigations due to the convergence of several trends.
By Ki Won Ahn
Macau Mogul Sentenced in First U.N. Bribery Case