Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our COVID-19 Resource Center | Racial Justice and Equity Task Force.

×
×
About Day Pitney Careers News Client Access

Insights

Publications Events

How Much is Too Much? Forfeitures and the Eighth Amendment

Publisher: American Bar Association
Spring 2017
Day Pitney Author(s) Stanley A. Twardy, Jr.

Dan Wenner and Stan Twardy authored an article titled "How Much is Too Much? Forfeitures and the Eighth Amendment" (PDF) for the American Bar Association's Section of Criminal Justice. The article compared the arguments and outcomes in two cases that both considered the constitutionality of exorbitant forfeiture judgments. The cases, United States v. Beecroft from the Ninth Circuit and United States v. Viloski from the Second Circuit, each gave a glimmer of hope to defendants who are trying to avoid the "hefty forfeiture judgments that might haunt them long after they have left federal custody and returned to society." In each case, the sentencing court had ordered the defendant to pay massive amounts in forfeiture, and on appeal, each defendant argued that those judgments violated the Eighth Amendment's Excessive Fines Clause. The authors pointed to each case as providing defense counsel with arguments they might use when faced with high forfeitures. Dan and Stan concluded that "By wrapping their arguments in the cloak of gross disproportionality and focusing the sentencing court on the real-world impact of an exorbitant forfeiture judgment, defense counsel might minimize the ultimate penalties imposed on their clients."

Recommended
Day Pitney White Collar Roundup - June 2022 Edition
June 2022

Day Pitney Newsletter

DOJ Seeks To Seize the Day With the KleptoCapture Taskforce
June 24, 2022

Day Pitney White Collar Partners Sarah Krissoff and John Vukelj authored an article for the New York Law Journal titled, "DOJ Seeks To Seize the Day With the KleptoCapture Taskforce."

Steven Cash Guest Lectures at The University of Texas "Texas Intelligence Academy"

On May 26, Washington, D.C. Counsel Steven Cash will be guest speaking at The University of Texas, Intelligence Studies Project "Texas Intelligence Academy."

May 26, 2022
"Texas Intelligence Academy," hosted by The University of Texas
Proceed with Caution: NJ's Green Lighting of Recreational Cannabis May Require Detours
May 19, 2022

Day Pitney Commercial Litigation and White Collar Partner Naju R. Lathia and Employment and Labor and Regulated Substances Attorney Daniel Pierre authored the article, "Proceed with Caution: NJ's Green Lighting of Recreational Cannabis May Require Detours," for the New Jersey Law Journal.

Day Pitney White Collar Roundup - April 2022 Edition
April 2022

Day Pitney Newsletter

Ghislaine Maxwell is Set to be Under Surveillance by Specialist Prison Guards 'Who Can Handle Safety Concerns'
June 29, 2022

Day Pitney White Collar Partner Sarah Krissoff was featured in the Daily Mail U.K. article, "Ghislaine Maxwell is Set to be Under Surveillance by Specialist Prison Guards 'Who Can Handle Safety Concerns' Amid Fears She Could Be Targeted as a High-Profile Sex Offender After Previous Threats."

The Craziest Thing About Seizing Russian Superyachts Is The US Has To Pay For Them, Biden's National Security Advisor Says on Hot Mic
June 16, 2022

Day Pitney New York White Collar Partner Sarah Krissoff was featured in the Business Insider article, "The Craziest Thing About Seizing Russian Superyachts Is The US Has To Pay For Them, Biden's National Security Advisor Says on Hot Mic."

Chambers USA 2022 Ranks 34 Day Pitney Attorneys and 13 Practices
June 1, 2022

Day Pitney Press Release

Superyacht Close to Home in Sights of Task Force Targeting Oligarchs
April 30, 2022

New York Litigation Partner Sarah Krissoff was featured on Australia's "A Current Affair" television program discussing the $450 million superyacht, called the Amadea, that was boarded by Fijian Police as part of the U.S. Government's KleptoCapture Task Force.

Trump's Consequences for Ignoring N.Y. Subpoena
April 28, 2022

Day Pitney White Collar and General Criminal Defense Partner Sarah Krissoff was featured in Reuters' Fast Take video titled, "Trump's Consequences for Ignoring N.Y. Subpoena." 
Related Professionals
Stanley Twardy, Jr.
Stanley A. Twardy, Jr.
Stamford, CT
T: (203) 977 7368
New Jersey Hartford Stamford Greenwich New Haven West Hartford Boston
New York Washington, DC Providence Boca Raton Miami West Palm Beach

This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.

This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.