High Court Puts An End To Unfair Asset Forfeiture

By Harry Sandick and Joshua Kipnees (June 8, 2017, 12:19 PM EDT) -- Asset forfeiture has long been a potent weapon in the government's arsenal for recovering property acquired through a criminal enterprise. Due to its efficacy in clawing back illicit gains, forfeiture has been used increasingly — and arguably overused. In recent years, the government has endeavored to broaden the scope of forfeiture liability by imposing joint and several liability for forfeiture of the conspiracy proceeds on each co-conspirator, irrespective of how much she benefited personally. As a consequence, when one defendant cannot satisfy the entirety of a forfeiture judgment against her, prosecutors and courts frequently have looked to co-defendants to make up the balance. Using an in personam judgment against a co-defendant, the government can satisfy the order of forfeiture with property that was neither owned by the less culpable defendant nor connected to the crime in any way....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!