Second Circuit· 6/14/2005
United States v. Fruchter
Citations
- 411 F.3d 377
- 2005 WL 1389888
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding, under RICO forfeiture provisions, that “proceeds derived from conduct forming the basis of a charge of which the defendant was acquitted can be counted as ‘proceeds’ of racketeering activity”
- rejecting arguments that Sixth Amendment applies to forfeiture and that Booker and Blakely require proof beyond reasonable doubt in forfeiture determinations; further holding that “Libretti remains the determinative decision”
- “Libretti remains the determinative decision. Accordingly, the district court did not err when it applied a preponderance standard to the determination of Braun’s forfeiture,” in determining criminal forfeiture based on RICO conviction
Source: CourtListener parenthetical corpus (CC0).
Judges: Parker, Walker, Wesley
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