Sixth Circuit: United States v. Benjamin Bradley

 

Criminal forfeiture under the statute is in personam, and therefore money judgments are permitted, despite the common law's historical aversion.

Proceeds from the crime that are subsequently disbursed to co-conspirators are a permissible basis for a forfeiture order against the deft.

No clear error in court's calculation of forfeiture, including funds possessed during the conspiracy and property acquired during the conspiracy, as deft could likely not have legitimately afforded the latter.

No Apprendi protections for criminal forfeiture determinations -- the protections are statutory.

Forfeiture not excessive under 8A.


United States v. Benjamin Bradley