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Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun)

Article • March 27, 2019

Filed under: Forfeiture, Punch And Jurists

Russello v. U.S., No. 82-472 (U.S. Supreme Court) (464 U.S. 16; 104 S.Ct. 296) (November 1, 1983) (Justice Blackmun) by Here the Court observed that the legislative history clearly demonstrates that the RICO statute was intended to provide new weapons of unprecedented scope for an assault upon organized crime and …

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Forfeiture, Punch And Jurists

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch) by A special condition of supervised release requiring the defendant to transfer to the Government all property required to make restitution did not constitute an illegal order of forfeiture, issue without compliance with …

Department of Revenue v. Kurth Ranch, No. 93-144 (U.S. Supreme Court) (511 U.S. 767; 114 S.Ct. 1937) (June 6, 1994) (Justice Stevens)

Article • May 7, 2000

Filed under: Forfeiture, Punch And Jurists

Department of Revenue v. Kurth Ranch, No. 93-144 (U.S. Supreme Court) (511 U.S. 767; 114 S.Ct. 1937) (June 6, 1994) (Justice Stevens) by In this case, the defendants were convicted and sentenced after pleading guilty to drug charges. Later, the State of Montana sought to impose a drug tax on …

U.S. v. Sparger, No. MO-98-113M (W.D.Tex.) (79 F.Supp.2d 714) (December 30, 1999) (Judge Magistrate)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Forfeiture, Punch And Jurists

U.S. v. Sparger, No. MO-98-113M (W.D.Tex.) (79 F.Supp.2d 714) (December 30, 1999) (Judge Magistrate) by Here the Court denied the Government's motion, under 28 USC § 2044, to apply $5,000 in bail money (that had been posted by the defendant's counsel) to a criminal restitution order, holding that § 2044 …

Salles v. U.S., No. 97-5131 (Fed. Cir.) (156 F.3d 1383) (October 14, 1998) (Judge Christine O.C. Miller)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Forfeiture, Punch And Jurists

Salles v. U.S., No. 97-5131 (Fed. Cir.) (156 F.3d 1383) (October 14, 1998) (Judge Christine O.C. Miller) by Our dollar bills may say "In God We Trust" - but the message from this case is "Don't trust tin gods." Once again we have a case in which a snitch naively …

U.S. v. Faulks, No. 96-2056 (3rd Cir.) (143 F.3d 133) (April 29, 1998) (Judge Walter K. Stapleton)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Forfeiture, Punch And Jurists

U.S. v. Faulks, No. 96-2056 (3rd Cir.) (143 F.3d 133) (April 29, 1998) (Judge Walter K. Stapleton) by The Court stated that: "Where it can be established that meritorious defenses have indeed been foreclosed undercircumstances that reflect an extraordinary sense of contrition and desire to make amends for the offense" …

U.S. v. Halper, No. 87-1383 (U.S. Supreme Court) (490 U.S. 435; 109 S.Ct. 1892) (May 15, 1989) (Justice Blackmun)

Article • May 22, 1998

Filed under: Forfeiture, Punch And Jurists

U.S. v. Halper, No. 87-1383 (U.S. Supreme Court) (490 U.S. 435; 109 S.Ct. 1892) (May 15, 1989) (Justice Blackmun) by In this case the Court held that civil penalties constitute punishment within the meaning of the Double Jeopardy Clause if they are "overwhelmingly disproportionate" to the harm suffered by the …

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Forfeiture, Punch And Jurists

U.S. v. Emerson, No. 96-3166 (7th Cir.) (128 F.3d 557) (October 20, 1997) (Judge Michael S. Kanne) by Relying heavily on U.S. v. Various Computers and Computer Equipment, 82 F.3d 582 (3rd Cir. 1996), the Court denied the defendant's claim that the prior forfeiture violated the Fifth Amendment's prohibition against …

U.S. v. Coddington, No. 96-2103 (10th Cir.) (118 F.3d 1439) (July 8, 1997) (Judge Robert H. Henry)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Forfeiture, Punch And Jurists

U.S. v. Coddington, No. 96-2103 (10th Cir.) (118 F.3d 1439) (July 8, 1997) (Judge Robert H. Henry) by The defendant in this case argued that because her personal property had been forfeited in administrative proceedings, the district court should have granted her a downward departure in her sentence pursuant to …

U.S. v. Weinberger, No. 95-5665 (4th Cir.) (91 F.3d 642) (August 2, 1996) (Judge J. Harvie III Wilkinson)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Forfeiture, Punch And Jurists

U.S. v. Weinberger, No. 95-5665 (4th Cir.) (91 F.3d 642) (August 2, 1996) (Judge J. Harvie III Wilkinson) by Although the Court noted that some Circuits have approved "extraordinary forfeitures" as a valid basis for a downward departure, it rejected any downward departures on those grounds as erroneous as a …

U.S. v. Wright, No. CR 91-284-MA (D.Or.) (902 F.Supp. 205) (October 5, 1995) (Judge Robert E. Jones)

Article • December 1, 1995

Filed under: Forfeiture, Punch And Jurists

U.S. v. Wright, No. CR 91-284-MA (D.Or.) (902 F.Supp. 205) (October 5, 1995) (Judge Robert E. Jones) by Court refused to address question whether a downward departure is permitted on the basis of a prior civil forfeiture, stating that the issue has not been addressed by the courts. In this …

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner)

Article • June 1, 1995

Filed under: Forfeiture, Punch And Jurists

U.S. v. Khan, No. 93-1797 (2nd Cir.) (53 F.3d 507) (April 21, 1995) (Judge Roger J. Miner) by In support of its ruling, the Court cited U.S. v. Porcelli, 865 F.2d 1352, 1355, 1364-65 (2nd Cir. 1989). Court held that in ordering restitution the cour may consider the amount of …