United States Fourth Circuit

District court's denial of government's request for the forfeiture of $358,390.22 in criminal proceeds from the owner of a motel and participant in a conspiracy to violate the anti-prostitution provisions of the Mann Act is reversed and remanded as, although the forfeiture of criminal proceeds is punitive and thus subject to scrutiny under the Eight Amendment's Excessive Fines Clause, because the defendant's offense was serious and its individual culpability significant, it cannot meet its burden of showing that the forfeiture in this case would be "grossly disproportional" to the gravity of the offense.

Appellate Information

• Decided 04/02/2010
• Published 04/02/2010

Judges

• Before MICHAEL, MOTZ, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael Stein, Office of the United States Attorney, Wheeling, West Virginia, for Appellant.  Dale P. Kelberman, Miles & Stockbridge, PC, Baltimore, Maryland, for Appellee.   ON BRIEF:  Sharon L. Potter, United States Attorney, for Appellant.  Derek P. Roussillon, Miles & Stockbridge, PC, Baltimore, Maryland, for Appellee.