DueProcess Punishment
Whether property subject to forfeiture under 21 U.S.C. §853(a)(2) must have a substantial connection to the underlying criminal activity
QUESTIONS PRESENTED I. Under 21 U.S.C. §853 (a)(2), a person convicted of violating a federal drug law must forfeit to the government “any of the person’s property ; used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of such violation.” Is property subject to forfeiture under this section “only if [it has] some substantial connection to, or [is] instrumental in, the commission of the underlying criminal activity which the statute : seeks to prevent” or may property which “makes the prohibited conduct less difficult or more or less free from obstruction or hindrance” also be forfeited thereunder? Il. Whether the forfeiture of petitioner’s residences together with the imposition of a one million ; dollar money judgment is_ grossly disproportionate to the gravity of the petitioner’s offense in violation of the Excessive Fines Clause of the Eighth Amendment?