Bane v. United States

Brief for Amicus Curiae National Association of Criminal Defense Lawyers in Support of Appellant and Reversal

Brief filed: 12/27/2018


Bane v. United States

11th Circuit Court of Appeals; Case No. 18-11086

Prior Decision

On appeal from the United States District Court for the Middle District of Florida


Honeycutt pronounced a new substantive rule that applies retroactively on collateral review. Honeycutt changed the landscape of criminal forfeiture. Honeycutt’s rule is substantive and therefore applies retroactively on collateral review. A criminal forfeiture order entered without authority of law is a fundamental error warranting extraordinary relief. The government’s seizure of property without lawful authority violates fundamental principles of due process. Forfeiture orders based on joint and several liability violate the Eighth Amendment when the defendant received no proceeds from the crime. Permitting a forfeiture order entered without legal authority to stand serves no legitimate public interest.


Louis K. Fisher, Jones Day, Washington, DC; Elizabeth G. Bentley, Jones Day, Minneapolis, MN; David Oscar Markus, Markus/Ross PLLC, Miami, FL.

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