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Honeycutt v. United States

Justia Summary

Terry managed sales and inventory for a Tennessee hardware store owned by his brother, Tony. They were indicted for federal drug crimes including conspiracy to distribute a product used in methamphetamine production. The government sought judgments of $269,751 against each brother, under the Comprehensive Forfeiture Act, which mandates forfeiture of “any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of” certain drug crimes, 21 U.S.C. 853(a)(1). Tony pleaded guilty and agreed to forfeit $200,000. Terry was convicted. Despite conceding that Terry had no controlling interest in the store and did not stand to benefit personally from sales of the product, the government asked the court to hold him jointly and severally liable for the profits from the illegal sales and sought a judgment of $69,751.98, the outstanding conspiracy profits. The Sixth Circuit agreed that the brothers, as co-conspirators, were jointly and severally liable. The Supreme Court reversed. Forfeiture under section 853(a)(1) is limited to property the defendant himself actually acquired as the result of the crime; the provision does not permit forfeiture with regard to Terry. Use of the adverbs “directly” and “indirectly” to refer to how a defendant obtains the property does not negate the requirement that he “obtain” it. Congress did not incorporate into the section the principle that conspirators are legally responsible for each other’s foreseeable actions in furtherance of their common plan.

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