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Evan H. Krinick, managing partner, Rivkin Radler Rec’d 0912

Criminal defendants convicted of insurance fraud may challenge forfeiture amounts requested by prosecutors as excessive in violation of the Eighth Amendment to the U.S. Constitution. In recent years, various decisions by federal district courts in New York and the U.S. Court of Appeals for the Second Circuit have helped to explain the standard for calculating forfeiture amounts and whether they violate the Eighth Amendment.

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