In 1969, President Nixon summarized the frustration felt by many law enforcement personnel in fighting one particularly entrenched criminal enterprise: though [t]he arrest, conviction, and imprisonment of a Mafia lieutenant can curtail operations, if the property of organized crime remains, new leaders will step forward to take the place of those we jail. Organizations now faced criminal sanction for felonies that traditionally only an individual could commit.5 To keep ringleaders incapacitated for longer, RICO beefed up the prison terms for those responsible for the enterprise's criminal activity.6 Finally, RICO gave law enforcement personnel a new remedy that would attack [the criminal enterprise's] source of economic power itself'7: criminal forfeiture.
The Supreme Court ruled in United States v. Libretti that the forfeiture part of a guilty plea should not bear Federal Rule of Criminal Procedure 11(f)'s factual basis requirement. The ruling also clarified the standard for waiver of the Rule 31(e) right to a special jury verdict. By summary dismissal of the defense claim that a heightened procedural standard must be used for forfeiture, however, the ruling did not adequately discuss policy arguments behind forfeiture provisions in plea agreements.
A criminal forfeiture order made pursuant to R.C. 2981.04 is part of the sentence for purposes of Crim.R. 32(C); and therefore, the criminal forfeiture order must be incorporated into the judgment entry of sentence for the judgment entry of sentence to constitute a final, appealable order under State v. Baker, 2008-Ohio-3330.
LEWISTON -- The Androscoggin County grand jury issued the following indictments: Jason P. Beedy, 30, 7 Poplar Hill Rd., Mexico, aggravated trafficking in scheduled drugs, concealed weapon, two counts of criminal forfeiture on Oct. 25, 2010.
Are Individual Retirement Accounts (IRAs) protected from criminal forfeiture by 26 USC Section 408 or the Employee Retirement Income Security Act of 1974? This was the central issue on appeal before the U.S. Court of Appeals for the Second Circuit in USA v. Michael J. Vondette. The U.S. District Court for the Eastern District of New York sentenced the defendant to 40 years in prison and ordered him to forfeit 10 bank accounts and two properties in order to satisfy a $2,027,845 judgment against him. He asserts that any funds held in IRAs are not subject to criminal forfeiture.
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