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No. 19-16October Term 2019Decided Nov 18, 2019

Docket 19-16October Term 2019 (2019–2020)

Peithman v. United States

This case could clarify whether one conspirator can be forced to forfeit money obtained by the whole group under this statute.

Case status

Current stage
Decided
Latest event
Decision released Nov 18, 2019
Case Accepted
Arguments
Decision ReleasedNov 18, 2019
What it's about

This case asks whether the federal forfeiture statute, 18 U.S.C. § 981(a)(1)(C), lets the government make one member of a conspiracy pay forfeiture for the full proceeds obtained by the group. The dispute is whether that kind of joint-and-several forfeiture is allowed or whether the Court’s decision in Honeycutt bars it.

Question presented

Does 18 U.S.C. § 981(a)(1)(C) authorize forfeiture imposed jointly and severally among co-conspirators, as the Sixth and Eighth Circuits have held, or is such joint and several liability foreclosed under the reasoning of Honeycutt v. United States, 137 S. Ct. 1626 (2017), as the Third Circuit has held?

Case path

United States Court of Appeals for the Eighth Circuit / Decision released Nov 18, 2019

Area

Decided Supreme Court case

Briefing

What it's about

The justices are being asked whether a federal forfeiture law lets the government make one member of a conspiracy pay back the full proceeds obtained by the group. The fight is over whether that joint-and-several approach is allowed under 18 U.S.C. § 981(a)(1)(C) or blocked by the Court's Honeycutt decision.

Vote

Oral argument has not been scheduled yet. The dispute is whether § 981(a)(1)(C) permits joint-and-several forfeiture among co-conspirators or whether Honeycutt forecloses it.

Impact

The answer could change how much money defendants in conspiracy cases can be ordered to forfeit. For example, a smaller player in a group scheme could face liability for proceeds another conspirator received.

What's next

Watch for oral argument or another scheduling move from the Court. No decision window is available yet.

What is the main legal fight in Peithman v. United States?

The case asks whether one conspirator can owe forfeiture for all group proceeds under 18 U.S.C. § 981(a)(1)(C). It also asks whether Honeycutt blocks that joint-and-several approach.

Who could be affected if the Court allows joint-and-several forfeiture here?

People convicted in conspiracy cases could face forfeiture based on money received by co-conspirators, not just money they personally obtained.

What should court watchers look for next in Peithman v. United States?

The next sign of movement is an oral-argument date or another scheduling order from the Court. No decision timeline is available yet.

Decision

Decision record

What the Court decided

This case could clarify whether one conspirator can be forced to forfeit money obtained by the whole group under this statute.

Impact

The answer could change how much money defendants in conspiracy cases can be ordered to forfeit. For example, a smaller player in a group scheme could face liability for proceeds another conspirator received.

Not official Court text.

Opinion documents

Timing

Decided November 18, 2019

The Court released its decision on November 18, 2019 without hearing oral argument.