Forfeiture Money Judgments: Government’s Opposition to Supreme Court Review

In United States v. Lo, the Ninth Circuit joined all others in holding that a criminal forfeiture order may take the form of a personal money judgment and is not limited to property derived from the offense that the defendant still has in his possession at the time he is sentenced.  In its Opposition to the Petition for Certiorari in that case, the Government explains the rationale for issuing a forfeiture order in that form, and cites the structure of the statutes and rules pertaining to the forfeiture of substitute assets in support of its position.

The second link is to an excerpt from Asset Forfeiture Law in the United States explaining the conceptual basis for entering forfeiture orders in the form of a personal money judgment and collecting the case law on that issue.

Opposition to Petition for Certiorari

Money Judgments (excerpt from Asset Forfeiture Law in the United States)

Asset Forfeiture Law in the United States