Eduard Bangiyev v. United States
Securities
Whether the elements that availed the Supreme court decision in United States v. Honeycutt also apply more broadly to the 18 U.S.C.S. 1963 statute
QUESTION PRESENTED The United States Supreme Court decision in the United States v. Honeycutt focused on the text of 21 U.S.C.S. 853, to.determine that 853(a)(1) precludes co-conspirator liability. . As the Court explained, the statute defines forfeitable property solely in terms of personal possession or use. Subsection (a) (1) . limits forfeiture to property constituting, or derived from, . any proceeds the person obtained, directly or indirectly, as the result of the crime, .21 U.S.C.S. 853(a)(1). To have obtained property, the court said, the person must have personally acquired it; one does not obtain property acquired by someone else. While the words directly and indirectly modify the word obtained, they do . not erase the statute's requirement that the person in fact obtain : the property. : : The question presented is: Whether the elements that availed the Supreme court decision in United States v. Honeycutt, also apply more broadly to the 18 U.S.C.S. 1963 statute. | ;