Does the term "proceeds" under section 982(a)(2) of the Federal Criminal Proceeds Act apply to a defendant who has no assets at the time of sentencing?

MultiRegion, United States of America

The following excerpt is from United States v. Peters, Docket No. 11-610-cr, Docket No. 11-612-cr (2nd Cir. 2013):

We came to a similar conclusion in United States v. Awad, 598 F.3d 76 (2d Cir. 2010) (per curiam). There, we held that criminal forfeiture under 21 U.S.C. 853 "permits imposition of a money judgment on a defendant who possesses no assets at the time of sentencing." Id. at 78. Because "[m]andatory forfeiture is concerned not with how much an individual has but with how much he received in connection with the commission of the crime," id. at 78 (internal quotation marks omitted, brackets in original), we conclude that the term "proceeds" as used in section 982(a)(2) means "receipts."

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