No. 21-5064

Brandi Channon and Matthew Channon v. United States

Lower Court: Tenth Circuit
Docketed: 2021-07-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-981 criminal-forfeiture forfeiture in-personam in-personam-order joint-and-several-liability joint-liability money-judgment rewards-fraud statutory-forfeiture statutory-interpretation
Key Terms:
Jurisdiction
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does § 981(a)(1)(C) permit the entry of an in personam money judgment in lieu of tainted property?

Question Presented (OCR Extract)

Questions Presented Brandi Channon and Matthew Channon manipulated OfficeMax’s customer loyalty program to fraudulently obtain OfficeMax rewards. During the scheme, the couple redeemed $105,191 in OfficeMax rewards by purchasing gift cards and office products from OfficeMax. Although the Channons were still in possession of at least some of the items purchased with the rewards at the time of their arrest, the government sought an in personam money judgment forfeiture order in the amount of the redeemed OfficeMax rewards. The district court granted the government’s motion and ordered that an in personam money judgment, imposed jointly and severally, be issued against the Channons in the amount of $105,191. The statutory foundation for the forfeiture order was 18 U.S.C. § 981(a)(1)(C). This case presents two questions worthy of this Court’s review: 1) Does § 981(a)(1)(C) permit the entry of an in personam money judgment in lieu of tainted property? 2) Does § 981(a)(1)(C) permit joint and several liability? il

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-19
Waiver of right of respondent United States of America to respond filed.
2021-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Matthew Channon, et al.
Grant Russell SmithOffice of the Federal Public Defender, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent