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




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 19-16
docket | Jul 25, 2026
Primary case document
Supreme Court document | Jul 25, 2026
CourtListener docket record
docket | Jul 25, 2026
Opinion
opinion | Nov 18, 2019
Petition
brief | Jun 27, 2019
Lower Court Orders/Opinions
order | Apr 29, 2019
SupremeCourt.gov
official | Jul 2, 2026
SupremeCourt.gov
official | Jul 2, 2026