asset forfeiture

In a unanimous decision in Timbs v. Indiana the Supreme Court held that the Eighth Amendment’s Excessive Fines Clause is “incorporated” or applicable to the states and local governments.

The State and Local Legal Center (SLLC) amicus brief argued for the opposite result. In the alternative, the brief argued that the forfeiture in this case isn’t unconstitutionally excessive. The Supreme Court didn’t reach the latter question. This case will make it possible for criminal defendants in all 50 states to challenge forfeitures as excessive under the federal constitution.

CSG Midwest
In November, the U.S. Supreme Court heard arguments in a case that could dramatically limit states’ and localities’ ability to levy criminal fines and asset forfeitures. The central question in ...

If someone has spent or hidden their ill-gotten gain but has additional assets untainted by their crime, should the government be able to freeze the untainted assets? The State and Local Legal Center (SLLC) amicus brief in Luis v. United States argues yes. State and local governments—police departments in particular—receive criminal asset forfeitures. Any many states statutes also allow freezing of substitute assets.

Sila Luis was indicted on charges related to $45 million in Medicare fraud. Unsurprisingly, her personal assets amounted to much less than $45 million. The federal government sought to freeze the use of her assets not traceable to the fraud. She wanted to use them to hire an attorney.

The question in Luis v. United States is whether not allowing a criminal defendant to use assets not traceable to a criminal offense to hire counsel of choice violates the Sixth Amendment’s right to counsel.