News & Analysis as of

Forfeiture Statutes

Supreme Court Limitation on Forfeiture Will Impact Health Care Fraud Prosecutions

by Farrell Fritz, P.C. on

Health care fraud prosecutions in the Second Circuit and throughout the country have typically sought forfeiture money judgments against all defendants for the proceeds of the fraud obtained by all members of a health care...more

Supreme Court Of The United States Finds Criminal Forfeiture Statute Does Not Provide For Joint And Several Liability

by Shearman & Sterling LLP on

On June 5, 2017, the Supreme Court of the United States unanimously reversed a forfeiture judgment under Section 303 of the Comprehensive Forfeiture Act of 1984, 21 U.S.C. § 853(a)(1) (“Section 853(a)”), holding that...more

Supreme Court Substantially Reduces Government's Ability to Seek Criminal Forfeitures

by WilmerHale on

On June 5, 2017, the Supreme Court issued a unanimous opinion in Honeycutt v. United States (No. 16-142), holding that a criminal defendant can be held liable to forfeit only crime proceeds the defendant personally obtained,...more

A Criminal Defendant Cannot Forfeit Property He Never Received

by Ballard Spahr LLP on

On June 5th, the United States Supreme Court held in Honeycutt v. United States that a criminal defendant is not jointly and severally liable for property his co-conspirator derived from the crime, and that he only can be...more

In Two Unanimous Rulings, U.S. Supreme Court Limits Penalties in SEC Enforcement and Criminal Actions

In a pair of decisions issued on June 5, the Supreme Court sharply curtailed the scope of financial sanctions available in civil securities enforcement and criminal drug trafficking cases. In addition to the results, which...more

Alert: Supreme Court Reins in Criminal Asset Forfeiture Actions

by Cooley LLP on

On Monday, June 5, 2017, the US Supreme Court significantly curtailed the government's power to seize assets from co-conspirators in a criminal enterprise. In Honeycutt v. United States, — S.Ct. — (2017), the Supreme Court...more

Honeycutt v. United States: Mandated Criminal Asset Forfeiture Receives Clear Limitation — Joint and Several Forfeiture Liability...

by Carlton Fields on

Introduction - On June 5, the United States Supreme Court issued a unanimous opinion in Honeycutt v. United States, No. 16-142, 581 U.S. ___ (2017), narrowing the scope of federal criminal asset forfeiture for drug...more

Pennsylvania Supreme Court Strengthens Protections For Property Owners In Landmark Civil Forfeiture Decision

by Ballard Spahr LLP on

Elizabeth Young is a 72-year-old grandmother whose home and car the government sought to forfeit based on several relatively minor drug sales her adult son conducted out of the house and car. Young fought the forfeiture and...more

New Legislation: The Forfeited Corporate Property Act

by Dickinson Wright on

The Forfeited Corporate Property Act, 2015 (“FCPA”) and related changes to the Ontario Business Corporations Act (“OBCA”) received Royal Assent on December 10, 2015 and came into force December 10, 2016. ...more

This Foreign Corporation’s Status May Be Forfeited, But The Resident Agent Remains

by Allen Matkins on

A recent ruling by U.S. District Court Judge Otis D. Wright II illustrates how it may be easier to enter California than to leave it. Real v. St. Jude Med., Inc., 2017 U.S. Dist. LEXIS 47081 (C.D. Cal. Mar. 29, 2017)...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - March 2016

by Hinshaw & Culbertson LLP on

Motion to Withdraw — Meaning of Requirement to "Diligently Attempt" to Locate the Client: Caveman Foods, LLC v. Ann Payne's Caveman Foods, LLC, Civ. No. 2:12-1112 WBS DAD - Risk Management Issue: When a lawyer or law...more

DOJ Reaffirms Commitment to Prosecuting Individuals, Toughens Expectation for Corporate Response

by Polsinelli on

The U.S. Department of Justice (DOJ) recently issued a memorandum ("The Yates memo") on September 9, 2015 by Deputy Attorney General Sally Yates, reaffirming the Government's commitment to prosecuting individuals. Say...more

White Collar Watch - February 2013

by Saul Ewing LLP on

In This Issue: - New HIPAA “Megarule” Broadens Enforcement - Government Declines to Seek Rehearing of Landmark Off-Label Speech Decision - Seizure of Rothstein Ponzi Assets Highlights Tension Between...more

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