United States v. Walter Brown, Jr.
714 F. App'x 117
3rd Cir.2018Background
- The Supreme Court vacated part of the Third Circuit’s earlier judgment and remanded for reconsideration in light of Honeycutt v. United States, 137 S. Ct. 1626 (2017).
- Honeycutt held that 21 U.S.C. § 853 limits forfeiture to property acquired or used by the defendant — it does not permit imposing joint and several liability for property obtained solely by a co‑conspirator.
- The District Court had entered a Forfeiture Money Judgment against Walter Alston Brown, Jr. for $7,213,123, holding him jointly and severally liable.
- One statute underlying the forfeiture was 18 U.S.C. § 982(a)(2), which, like § 853, reaches property constituting or derived from proceeds obtained directly or indirectly from the crime.
- The Third Circuit concluded Honeycutt’s reasoning applies equally to § 982(a)(2), so joint and several forfeiture for untainted co‑conspirator property was erroneous.
- The court vacated the forfeiture portion of Brown’s sentence and remanded solely to determine the appropriate forfeiture amount; the remainder of the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether forfeiture under 18 U.S.C. § 982(a)(2) permits joint and several liability for proceeds a co‑conspirator obtained (untainted property) | Government: §982(a)(2)’s reference to property “constituting” or “derived from” proceeds and its “directly or indirectly” language allows broad forfeiture including joint and several liability | Brown: Honeycutt’s reading of §853 limits forfeiture to property acquired or used by the defendant; §982 should be read the same way and cannot reach untainted co‑conspirator property | Court: Honeycutt applies to §982(a)(2); forfeiture is limited to tainted property acquired/used by the defendant; joint and several forfeiture for untainted co‑conspirator property was error; remand to determine appropriate forfeiture amount |
Key Cases Cited
- Honeycutt v. United States, 137 S. Ct. 1626 (2017) (forfeiture under §853 limited to property acquired or used by the defendant)
- United States v. Brown, [citation="694 F. App'x 57"] (3d Cir. 2017) (prior Third Circuit disposition addressing related co‑conspirator forfeiture issues)