Outside Counsel

SCOTUS to Decide Joint and Several Liability for Criminal Forfeiture

, New York Law Journal


Evan T. Barr writes: Federal courts in the past have generally required convicted co-conspirators must be held jointly and severally liable for all proceeds that were at least "reasonably foreseeable." An influential appellate court recently held, however, that a co-conspirator's forfeiture liability instead should be limited to the amount that he personally obtained from the criminal conduct, setting up a circuit split to be resolved by the high court.

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