Federal Defenders of New York Second Circuit Blog

fofeiture

Supreme Court: District Court’s Failure To Enter Preliminary Order Of Forfeiture Prior To Sentencing Does Not Bar Court From Ordering Forfeiture At Sentencing.

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In United States v. McIntosh, No. 22-7386 (U.S. Apr. 17, 2024), a unanimous Supreme Court held that a district court’s failure to enter a preliminary order of forfeiture prior to sentencing, as required by Fed. R. Crim. P. 32.2(b)(2)(B), “does not bar a judge from ordering forfeiture at sentencing subject to harmless-error principles on appellate … Read more

Recent Criminal Forfeiture GVRs

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The Supreme Court has recently reversed two drug forfeiture decisions in light of its decision in Honeycutt v. United States. Sentencing Resource Counsel Ada (“Sissy”) Phleger has the details: “In the last two weeks the Supreme Court has granted, vacated, and remanded (GVR’ed) two cases in light of last summer’s Honeycutt v. United States, 581 … Read more

Restoration Comedy

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United States v. Pescatore, No. 10-0520-cr (2d Cir. February 23, 2011) (Kearse, Winter, Hall, CJJ) In connection with a plea agreement that covered both a long-running chop-shop operation and an extortion scheme, Michael Pescatore agreed to accept a 132 month sentence, a $2.5 million forfeiture and “no less than $3 million” in restitution. The agreement … Read more

Forfeit To Be Tied

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United States v. Schlesinger, No. 05-03021-cr (2d Cir. January 30, 2008) (Jacobs, Parker, Wesley, CJJ) (per curiam) Schlesinger, convicted of mail and wire fraud, made a clever, but unfortunately not clever enough, argument challenging the forfeiture of the proceeds. The district court had relied on 28 U.S.C. § 2461(c) (2005), which provides that a criminal … Read more

IF THE CRIME DOESN’T FIT THEY CAN’T FORFEIT

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United States v. Capoccia, No. 06-0669-cr (2d Cir. September 19, 2007) (Sotomayer, Katzmann, CJJ, Gertner, DJ) In this case, the district court erred in ordering forfeiture of the proceeds of conduct that occurred prior to the date of the conduct with which the defendant was charged. The decision turned on a very narrow reading of … Read more