United States v. Fisher

Memorandum of Amicus Curiae National Association of Criminal Defense Lawyers.

Brief filed: 03/22/2016

Documents

United States v. Fisher

New York; Case No. 1:15-cr-00019-RJA-HBS

Argument(s)

Forfeiture is available to the government in a criminal case only when, and in the manner, statutorily authorized for the offense of conviction. The "structuring" statute authorizes forfeiture of funds or property involved in or traceable to structured transactions, without regard to any independent criminal activity. Though where the government's announced policy regarding "legal source" funds involved in structuring would apply, the Court has the power to ensure that this policy is not withheld arbitrarily. Additionally, on a question not directly raised by the Court, no statute authorizes a court to enter a "money judgment" as a form of criminal forfeiture in a structuring case.

Featured Products

Author(s)

Mark J. Mahoney, Harrington & Mahoney, Buffalo, NY; Steven L. Kessler, Law Offices of Steven L. Kessler, New York, NY; Richard D. Willstatter, Green & Willstatter, White Plains, NY.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free