United States Second Circuit

Sentence, order of forfeiture and order designating defendant's contributions to the New York State pension fund as a substitute asset for forfeiture, for conviction of conspiracy to commit honest services wire fraud, 18 U.S.C. section 1349, conspiracy to commit federal programs bribery and to violate the Travel Act, section 371, accepting bribes, section 666(a)(1)(B), and extortion under color of official right, section 1951, are affirmed where: 1) there is no Sixth Amendment right to a jury determination in a criminal forfeiture proceeding; and 2) various provisions of state law are preempted by federal forfeiture law.

Appellate Information

• Published 2016/08/17

Judges

• DRONEY

Court

• United States Second Circuit

Counsel