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."
On September 25, DC-based counsel Steven Cash will be a featured speaker at the National Forum on the Foreign Agents Registration Act (FARA), an event presented by the American Conference Institute and held in Washington, DC.
Day Pitney Advisory
Steven Cash moderated a panel discussion hosted by Culper Connect, an alumni association of former United States Government public servants from the U.S. Intelligence Community.
Day Pitney Newsletter
Day Pitney Newsletter
Steven Cash authored an op-ed, "Schiff Should Consider Using RICO Framework to Organize Impeachment," published by The Hill.
Steven Cash is quoted in an article, "Meet the Lawyer at Center of Whistleblower Case: 'It is an everyday adventure,'" published by The Hill.
Stan Twardy is quoted in an article, "Durham's Probe Now Enmeshed in Politics of Impeachment," published by The Connecticut Mirror.
Steven Cash was quoted in an article, "Meet the Trump-Appointed IG at Center of Whistleblower Drama," published by The Hill.
Steven Cash was quoted in an article, "Five Things to Know About the Whistleblower Complaint," published by The Hill.