USA v. Kerry Smith

Smith was indicted for conspiring to distribute marijuana, 21 U.S.C. 841 and 846, purchasing a vehicle with currency derived from an unlawful activity, 18 U.S.C. 1957; concealing information with the intent to defraud the Social Security Administration, 42 U.S.C. 1383(a)(3); and making false statements on applications for food stamps, 18 U.S.C. 1001(a)(2). He signed a proffer agreement and pleaded guilty to each of those charges. After a sentencing and forfeiture hearing, the district court imposed a forfeiture order that included the forfeiture of eight parcels of real property. The government claimed these parcels were proceeds from his illegal activities. Smith contended that, in determining that the properties were subject to forfeiture, the district court had relied improperly on statements that he had made during proffer discussions. The Seventh Circuit affirmed. The district court did not err in admitting testimony about Smith’s proffer statements. Its determination that the eight properties were subject to forfeiture as proceeds of his drug trafficking was supported by a preponderance of the evidence. In the alternative, the properties were clearly subject to forfeiture as substitute assets.View "USA v. Kerry Smith" on Justia Law