United States v. Chittenden

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After defendant was convicted of bank fraud and conspiracy to commit bank and mail fraud for her role in a fraudulent mortgage scheme, the district court ordered her to forfeit over $1 million to cover proceeds that her coconspirators had received and dissipated. The Fourth Circuit originally affirmed the district court's judgment. The Supreme Court subsequently issued Honeycutt v. United States, 137 S. Ct. 1626 (2017), and vacated the court's original decision in this case, remanding for reconsideration under Honeycutt.In light of Honeycutt, the court held that 18 U.S.C. 982(a)(2) precludes joint and several forfeiture liability. Therefore, the court vacated the district court's forfeiture orders and remanded for reassessment of the appropriate forfeiture amount. The court reaffirmed the district court's judgment in all other respects. View "United States v. Chittenden" on Justia Law