Court Rejects Joint and Several Liability in Criminal Forfeiture
Two men sentenced to pay back more than $5 million gained in a loansharking scheme will have to be resentenced in light of recent U.S. Supreme Court precedent striking down joint and several liability for forfeiture orders, a federal appeals court has ruled.
August 11, 2017 at 08:00 PM
3 minute read
Two men sentenced to pay back more than $5 million gained in a loansharking scheme will have to be resentenced in light of recent U.S. Supreme Court precedent striking down joint and several liability for forfeiture orders, a federal appeals court has ruled.
The U.S. Court of Appeals for the Third Circuit ruled Aug. 11 in United States v. Gjeli that the Supreme Court's June decision in Honeycutt v. United States invalidated the sentences of defendants Ylli Gjeli and Fatmir Mustafaraj. The men had been convicted in connection with an illegal moneylending and gambling ring, and were both sentenced to serve about 150 months in prison.
The trial court had also entered orders for forfeiture, making the two jointly and severally liable for the money they earned as part of the crime ring.
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