Honeycutt v. U.S.: Supreme Court Overturns Decades of Criminal Forfeiture Law

In a unanimous decision, the Supreme Court held on June 5, 2017, that the doctrine of Joint and Several Liability does not apply in criminal forfeiture cases, and that a defendant convicted of a conspiracy therefore is liable to forfeit only what he/she personally obtained, and not for the proceeds obtained by co-conspirators.  The following is a summary and comment on the opinion taken from the Money Laundering and Forfeiture Digest.  The full text of the opinion is appended as well.

Honeycutt Summary                  Honeycutt Opinion

Fallout: the Honeycutt Decision Claims its First Victim

Transcript of the Oral Argument in Honeycutt

Post-Honeycutt Training Outlines

Cooper Motion to Reconsider: Arguing that Honeycutt does not change the rule regarding personal money judgments, and that a drug dealer may not deduct the amount that he pay his supplier for the drugs.

Civil and Criminal Forfeiture Updates