JOINT-AND-SEVERAL LIABILITY

Honeycutt v. United States

Issues

Under 21 U.S.C. § 853(a)(1), is a co-conspirator of a defendant who has been convicted of violating a federal drug law liable for the forfeiture of the crime’s proceeds, even if the co-conspirator was never in possession of them?

Court below

United States Court of Appeals for the Sixth Circuit

When a person is convicted of a federal crime, the United States government can often seize the property or proceeds obtained through the commission of the crime. Under 21 U.S.C. § 853(a)(1), Congress mandates that a person who is convicted of a Chapter 13 federal drug crime must forfeit the “property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation.” It is unclear, however, whether the government can hold a co-conspirator of a drug crime liable to forfeit the proceeds of such violation when the co-conspirator never actually received any of the proceeds of the crime. Petitioner Terry Honeycutt argues that the statute only reaches the persons who have actually individually obtained the proceeds of the crime. The United States, on the other hand, argues that a co-conspirator of a federal drug crime under Chapter 13 is jointly-and-severally liable for the forfeiture of the crime’s proceeds, regardless of whether that person ever obtained the proceeds. The outcome of this case will determine the reach of the government’s seizure power under 21 U.S.C. § 853.

Questions as Framed for the Court by the Parties

Under 21 U.S.C. §853(a)(1), a person convicted of violating a federal drug law must forfeit to the government “any property constituting, or derived from, any proceeds the person obtained, directly or
indirectly, as the result of such violation.”

The question presented is:

Does 21 U.S.C. § 853(a)(1) mandate joint-and-several liability among co-conspirators for forfeiture of the reasonably foreseeable proceeds of a drug conspiracy?

Terry Honeycutt was a salaried employee at his brother’s store where he oversaw sales and product inventory. United States v. Honeycutt, No. 1:12-cr-00144 at 2 (6th Cir. Mar. 4, 2016). In 2008, Honeycutt noticed that an increasing number of customers were purchasing Polar Pure, a water purification product that was being used to manufacture methamphetamine around the area.