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

Brief in Opposition to Motion to Dismiss Forfeiture Notice Based on Honeycutt

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