783 F.Supp.3d 385
D.D.C.2025Background
- John Earle Sullivan participated in the January 6, 2021, Capitol Riots and profited by selling footage of the events, earning over $62,000.
- Following his conviction on multiple counts, this sum was forfeited to the government and transferred to an account in the U.S. Treasury.
- While his conviction was on appeal, Sullivan received a Presidential pardon, resulting in the vacation of his conviction and dismissal of the case.
- Sullivan requested the return of the forfeited funds, and the government agreed he was entitled to them and intended to remit the funds.
- The funds had already been deposited into the United States Treasury's Seized Asset Deposit Fund (SADF) at the time of the request.
- The court had to determine whether it had the authority to order the release of the funds absent a Congressional appropriation, in light of constitutional constraints.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Return of forfeited funds after pardon & vacatur | Sullivan: Entitled to return since conviction gone | Government: Agreed, intended to return funds | Denied: Cannot disburse from Treasury w/o Congress' act |
| Applicability of Knote v. Nelson precedents | Sullivan/Nelson: Convictions were vacated, so Nelson applies | Gov’t/Nelson: No difference; funds should return | Knote governs: Appropriations Clause bars court order |
| Money held in SADF as non-Treasury funds | Sullivan: SADF not really public money | Government: SADF in USMS custody, not Treasury | SADF = Treasury; Appropriations Clause applies |
| Existing statutory authority for disbursal | Sullivan: Return owed as a matter of right | Government: Possible under some statutes | No relevant appropriation statute exists for these funds |
Key Cases Cited
- Knote v. United States, 95 U.S. 149 (1877) (A Presidential pardon does not authorize return of forfeited funds from Treasury absent Congressional appropriation)
- Nelson v. Colorado, 581 U.S. 128 (2017) (States cannot impose undue barriers on refunding exactions after convictions are invalidated, but did not address federal appropriations)
- Office of Pers. Mgmt. v. Richmond, 496 U.S. 414 (1990) (Appropriations Clause requires statutory authorization to withdraw from Treasury)
- Republic Nat’l Bank of Miami v. United States, 506 U.S. 80 (1992) (Funds in the Treasury are public money and require an appropriation for disbursement)
- In re North, 62 F.3d 1434 (D.C. Cir. 1994) (Knote prohibits return of funds from Treasury post-pardon without Congressional action)