NACDL - United States v. Fisher

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

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.

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.