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....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

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!