Published on: Monday, June 5, 2017

In an 8-0 decision, the Supreme Court held that 21 U.S.C. § 853(a)'s limitation of forfeiture to tainted property acquired or used by the defendant, together with the plain text of Section 853(a)(1), foreclose joint and several liability for co-conspirators. Justice Gorsuch took no part in the decision. The federal statute in question, 21 U.S.C. § 853, mandates forfeiture of “any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of” certain drug crimes. This case concerned how Section 853 operates when two or more defendants act as part of a conspiracy. Specifically, the issue was whether, under Section 853, a defendant may be held jointly and severally liable for property that his co-conspirator derived from the crime but that the defendant himself did not acquire. The Court held that such liability was inconsistent with the statute’s text and structure. 

For a copy of the opinion, Honeycutt v. United States, No. 16-142, click here