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In the Courts
Honeycutt v. United States: Supreme Court Rejects Joint and Several Liability in Criminal Forfeiture Case
On June 5, 2017, in a unanimous opinion by Justice Sonya Sotomayor, the United States Supreme Court ruled to narrow the scope of criminal asset forfeiture by restricting the federal government's ability to obtain proceeds from a criminal conspirator who never possessed the criminal proceeds. In doing so, the Court reversed the decision from the U.S. Court of Appeals for the Sixth Circuit, and resolved the split among other federal circuits as to whether co-conspirators could be held jointly and severally liable for asset forfeiture under the Comprehensive Forfeiture Act of 1984 (21 U.S.C. § 583). In the case at issue, Honeycutt v. United States, the court held that forfeiture pursuant to 21 U.S.C. § 583(a)(1) is “limited to the property the defendant himself actually acquired as a result of the crime.”
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